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Octogenarian v. Commercial Construction Co.

In Octogenarian v. Commercial Construction Co. (South Bay Sup. Ct.), Douglas S. Saeltzer and Joseph A. Nicholson recovered $1,800,000 for a senior who was pinned between two cars at an intersection while trying to cross the street outside of a marked crosswalk. The incident occurred at an intersection adjacent to a construction worksite intended to make the area safer for pedestrians. Both the City and the construction company failed to plan an alternative to a commonly used pedestrian route during the execution of the project. The route was closed for several weeks without any marked detour. The plaintiff was attempting to recreate her typical path along this route at the time of the incident. She was hospitalized for several months undergoing tissue grafting and multiple surgeries, and will never walk again unassisted. The mediated settlement included a substantial six figure personal contribution from the driver of the vehicle who was underinsured for the incident.

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