Search Site
Menu
Driver Struck By Oncoming Vehicle on Icy Road

Driver Struck By Oncoming Vehicle on Icy Road

$450,000 Settlement

The 66-year-old plaintiff was driving her vehicle when it was struck by an oncoming car that had veered into her lane.

The 17-year-old defendant driver maintained, and witnesses corroborated, that she had skidded on a patch of ice on a road that had yet to be sanded or plowed.

The defendant’s father was also named as a defendant, but solely in his capacity as owner of the vehicle pursuant to G.L. c. 231, Sect. 85A.

Defense counsel argued that it was well established that the mere fact of skidding did not create liability. In rebuttal, plaintiff’s counsel pointed to other citations suggesting that skidding may be caused or accompanied by negligence.

The plaintiff expected the evidence to show that the defendant’s speed was too fast, considering that she conceded in her deposition that she fully expected there to be water/ice when she took a right turn onto the subject roadway; that the accident occurred after a second skid, meaning she had even more notice; that the distance of the two skids comprised several hundred feet, according to the landmarks on the roadway that the defendant referenced in her deposition; that the two vehicles sustained major damage; and that both parties sustained serious injuries.

The plaintiff’s claims called into question the defendant’s purported speed of under 15 miles per hour.

The plaintiff suffered a comminuted calcaneous fracture, involving the subtalar joint (the talocalcaneal) and the calcaneal cuboid joint. The plaintiff was left with diminished motion and she walked on the outside of her foot because of its varus position. The plaintiff would always require a cane and would not be able to drive again as she lacked the foot strength to apply enough force to the brake pedal.

The plaintiff’s special damages were $101,000, consisting of $65,000 in medical bills and $36,000 in loss of earning capacity. The plaintiff also contended that there could be an additional $100,000 in special damages occurring as a result of a fusion (estimated cost $25,000) and her intention to retire one year prematurely.

This was disputed by the defendants as they maintained that the plaintiff, at the age of 68, would have retired anyway, and pointed to the fact that she had been able to teach over the past two years. Also, the plaintiff had not scheduled a date for the fusion.

The plaintiff had some unrelated cardiac issues that called into question the likelihood of her undergoing any additional surgery.

A $450,000 settlement was reached two weeks after the case was mediated.

  • Type of action: Motor Vehicle Negligence
  • Injuries
    alleged:
    Comminuted calcaneous fracture
  • Name of case: Withheld
  • Court/case #: Suffolk Superior Court (no. withheld)
  • Tried before judge or jury: N/A (mediated)
  • Name of mediator: John P. Ryan, Sloane & Walsh
  • Amount of settlement: $450,000
  • Date: Feb. 3, 2005
  • Attorney: Robert I. Feinberg, Feinberg & Alban, Boston
    (for the plaintiff)
Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Colleen Santora Has been amazing throughout this whole process. I am 100% satisfied with how she has been there and represented me.

    Read more

    Nicholas Lugo

  • google
    5.0/5.0

    I worked with Perry Feinberg, as my personal injury attorney for an auto accident, Perry was very responsive, and available to answer all my questions. They are good at communicating with you and keep you informed. I’m finally able to put this acc...

    Read more

    Veronica Pleitez

  • google
    5.0/5.0

    Some of the best lawyers I have ever had very caring and friendly they helped me and my family tremendously, I would 100 percent recommend them and not look any further they will get the job done.

    Read more

    Brandon Welliver

  • google
    5.0/5.0

    Colleen Santora and Robert Feinberg at Feinberg and Alban treated my husband and I like family. Their concern for us felt personal and genuine. Colleen and Rob always kept on the details of my case fighting for me and guiding me along during a stress...

    Read more

    Marchant

  • google
    5.0/5.0

    Colleen was excellent to work with- great communication from start to finish. Highly recommend!

    Read more

    Paige Duane

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form