Cab Rear-Ended With Pedestrian Leaning Inside Cab Window

Plaintiff pedestrian leaned her head and shoulders inside the Defendant’s cab’s front passenger window and was talking to the cab driver when a car rear-ended the cab.  The impact caused the Plaintiff’s head to hit the window frame and she fell to the ground.  Plaintiff suffered loss of consciousness, nasal bone fracture, deviated septum, and multiple facial lacerations with scarring requiring two plastic surgeries.  Plaintiff blamed the cab driver for not pulling over to the side of the road so she could talk to him.  The defense argued that it was not the position of the cab that caused the injuries, but rather the rear-end collision, that Plaintiff was not a passenger in the cab and that the highest degree of care did not apply, and that the Plaintiff was not injured to the extent claimed.  Plaintiff settled with the driver of the car prior to trial for $50,000 to be set off any verdict.

Verdict:  $110,000 after 50% off $220,000 ($190,000 past medical expenses; $20,000 disfigurement; $10,000 lost wages; $0 past and future pain and suffering)

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Category: Cardiac, Medical Malpractice, Other