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New England Verdicts

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Pedestrian should have been in crosswalk, defense argued

Type:

Verdict-Defendant

State:

Massachusetts

Venue:

Worcester County

Court:

Worcester County, Superior Court

Injury Type(s):

other-closed reduction; wrist-fracture, wrist

Case Type:

Motor Vehicle - Crosswalk, Pedestrian, Single Vehicle

Case Name:

Marie Cazeau v. Kusko Kukolj, No. 1484CV03119

Date:

October 7, 2016

Parties

Plaintiff(s):

Marie Cazeau (Female, 48 Years)

Plaintiff Attorney(s):

James Edward Neyman; Neyman & Associates; Boston, MA, for Marie Cazeau

Defendant(s):

Dusko Kukolj

Defense Attorney(s):

Juan Salvador Lopez; Sherry, Black, Geller, Cain & Vachereau; Boston, MA, for Dusko Kukolj

Insurer(s):

Liberty Mutual Insurance Co. for defendant Kukolj

Facts:

On Oct. 3, 2011, plaintiff Marie Cazeau, 48, a certified nursing assistant, was a pedestrian attempting to cross Route 16 and Garfield Avenue in Chelsea. While crossing, she was struck by a vehicle driven by Dusko Kukolj. Cazeau claimed a wrist fracture as a result of the accident. Cazeau filed suit against Kukolj, alleging that Kukolj was negligent in the operation of a motor vehicle. Cazeau alleged that Kukolj failed to keep a proper lookout and failed to yield to a pedestrian. Cazeau also argued that Kukolj failed to avoid the accident. Kukolj contended that Cazeau stepped out from between two vehicles and into the path of his vehicle. Further, he alleged that Cazeau failed to cross in a crosswalk per Massachusetts statute, which states that, in attempting to cross a state highway, a person must be in a crosswalk if there is one within 300 feet. Kukolj argued that there were two crosswalks available to Cazeau within 300 feet of the accident, but she failed to use either of them and was not keeping a proper lookout for through traffic.

Injury:

Cazeau claimed a left wrist fracture. The fracture required closed reduction. Cazeau made a good recovery with no permanency. She claimed $10,000 in economic damages, as well as damages for pain and suffering. The injury was not disputed.

Result:

The jury found for Kukolj and a defense verdict was entered.

Trial Information:

Judge:

Linda E. Giles

Trial Length:

2  days

Trial Deliberations:

1  hours

Jury Composition:

14 jurors

Post Trial:

There was no appeal and this case is closed.

Editor's Comment:

This report is based on information that was provided by defense counsel. Plaintiff's counsel did not respond to a request for comment.