Binding Arbitration – Pedestrian Struck by Car
Scott D. McKenna and Christina M. Tribbia
Scott McKenna and Christina Tribbia obtained a very favorable binding arbitration award in favor of their client in a case alleging the pedestrian plaintiff was in a crosswalk and struck by their client in a vehicle. Plaintiff went over the hood after the impact and landed on the ground 10’ away. Plaintiff claimed a multitude of injuries involving her knee, neck and back and claimed in excess of $65,000 in related medical expenses and approximately $7,500 in wage loss. Plaintiff asked for an award of $150,000 from the arbitrator. Due in part to vigorous investigation and workup, Scott and Christina discovered a 12 year history prior to the accident of similar complaints involving the Plaintiff’s knee, back and neck. Scott and Christina argued that only approximately $6,500 in medical expenses and $1,500 in wage loss was related to the accident for ER and PT, while the remainder was solely due to the pre-existing conditions. The Arbitrator entered an award for Plaintiff for $24,000, finding that the vast majority of Plaintiff’s claim was unrelated to the accident.