The Farber Law Group routinely reviews personal injury cases and their outcomes. The following pedestrian accident case represented by fellow AAJ member Julia Anne Beasley of Montgomery Ala; and Wes McCollum of Auburn, Ala. is a case in which the plaintiff sought both compensatory damages and punitive damages.
Pedestrian Accident Suit Seeking Damage Award
Frankie Bell, 39, along with her husband, filed a negligence lawsuit against Mark Sawyer who struck Bell with his car while she was walking with her friend in a well-lit crosswalk early one morning. In her lawsuit, Bell claimed that Sawyer failed to keep a proper lookout and did not exercise due care. Bell’s friend was killed in the accident but her estate was not part of Bell’s claim against Sawyer.
Bell suffered serious injuries in the crosswalk accident including 25 fractures to her legs, shoulders, wrist, jaw and spine. She also suffered a concussion and was left with post-concussion syndrome and post traumatic stress. Her injuries were so severe that she required surgery to repair her leg fractures with screws and rods. She eventually required bone grafting and extensive rehabilitation before she was able to walk without help. Bell continues to suffer pain and has arthritis in her ankle due to the trauma.
Compensatory and Punitive Damages Sought
In filing an injury lawsuit, Bell sought punitive damages along with compensatory damages. Compensatory damages are damages which compensates a person for their actual losses. Punitive damages are a monetary award which awards the injured person beyond their actual losses and are intended to punish the wrong doer.
In seeking punitive damages, Bell’s attorneys introduced evidence that Sawyer’s attention was on his cruise control at the time of the pedestrian accident and that he did not even brake and traveled 50 yards after hitting Bell. Evidence was also introduced that Sawyer had smoked marijuana the day prior to the pedestrian accident but a forensic toxicologist was unable to determine if Sawyer was impaired at the time.
Pedestrian accidents often leave victims with serious fractures, traumatic brain injuries, spinal cord injuries and can result in death. The Farber Law Group has represented people with a wide range of injuries and our first and foremost commitment to our clients is insuring they get the comprehensive medical treatment that they deserve.
Man killed in Marysville-area pedestrian accident