$1.537 Million
Stewart Casper obtained a jury verdict for a woman who sustained a comminuted fracture of her right heel (calcaneus), requiring open reduction and internal fixation with bone grafting with a resultant major disability. This motor vehicle collision occurred within a highway construction zone late at night when the plaintiff collided with the rear of two SUVs. They were operated by teenagers who had stopped in the left travel lane because of a prior fender bender with minimal resulting damage. The plaintiff claimed an inability to see the stopped vehicles in a closed lane of travel because of the failure of the highway contractor to properly deploy lane closure warning devices. Liability was complicated by contradictory evidence offered as to whether there was a high mounted internally illuminated flashing arrow as required by the construction contract. Based on the evidence provided by our car accident attorneys, the jury concluded that there was no such signal and attributed 65% responsibility to the contractor. The verdict was sustained on appeal.
