NEW HAMPSHIRE TRIAL LAWYERS ASSOCIATION VERDICTS AND SETTLEMENT REPORT

P.O. BOX 447

CONCORD, NH  03301

 

Plaintiff’s Attorney:  Kenneth C. Brown

 

Case Title:    Ralph Randall v. David Klepper

 

County:      Strafford    Date of Injury: 10/5/04

 

Liability Facts:          The plaintiff was walking across Highland Street in the crosswalk at the intersection with Main Street when he was struck by a motor vehicle driven by the defendant.

Plaintiff:  Sex: M    Age at time of injury45

 

Occupation: Trash removal

 

Plaintiff’s Theory of Liability:       The Defendant failed to keep a proper lookout, failed to keep his vehicle under control, failed to yield to a pedestrian in a crosswalk, and failed to operate his motor vehicle in a careful and prudent manner.

 

Defendant’s Theory of Defense:    Defendant denied any negligence and asserted comparative fault in that the plaintiff was wearing dark clothes at night.

 

Injuries:  (Diagnosis/Prognosis/Permanency): Depressed lateral tibia plateau fracture

 

VERDICT/SETTLEMENT: Settled after suit but before trial for $98,000.00.

 

COUNSEL:

Kenneth C. Brown, Esquire

ABRAMSON, BROWN & DUGAN

1819 Elm Street

Manchester, NH 03104

(603) 627-1819

Counsel for the Plaintiffs