New England Verdicts
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Pedestrian should have been in crosswalk, defense argued
Worcester County, Superior Court
other-closed reduction; wrist-fracture, wrist
Motor Vehicle - Crosswalk, Pedestrian, Single Vehicle
Marie Cazeau v. Kusko Kukolj, No. 1484CV03119
October 7, 2016
Marie Cazeau (Female, 48 Years)
James Edward Neyman; Neyman & Associates; Boston, MA, for Marie Cazeau
Juan Salvador Lopez; Sherry, Black, Geller, Cain & Vachereau; Boston, MA, for Dusko Kukolj
Liberty Mutual Insurance Co. for defendant Kukolj
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.
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.
The jury found for Kukolj and a defense verdict was entered.
Linda E. Giles
There was no appeal and this case is closed.
This report is based on information that was provided by defense counsel. Plaintiff's counsel did not respond to a request for comment.