Vehicle v. Pedestrian – Traumatic Brain Injury / Insurance Coverage

Plaintiff, age 11, suffered a traumatic brain injury while attempting to cross in the dark at night at an unlit unmarked intersection. There were no traffic controls for several miles up to the intersection and while crossing she was struck by a vehicle going the posted speed limit of 55 miles an hour. After receiving the policy limits from the driver, Plaintiff sued a City contending their approved plans for the installation of street lights and traffic signals were never installed; developers contending they negligently removed four way stop signs and a pedestrian crosswalk previously installed, the engineers and architects on the project claiming new design plans did not include replacing missing street lights and did not meet design standards. Defendants vigorously challenged liability without disputing Plaintiff’s significant injuries or need for a life care plan After 44 hours of mediation, including 20 hours dedicated to eliminating insurance coverage issues and collecting layers of coverage from multiple defendants the case settled in excess of $10.5 million.

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