I was recently serving my time on jury duty like the good citizen that I am:-) But the case in question was one that I still am trying to figure out if the damages were reasonable. The case is over and the damages have been awarded so I can talk about the case if I feel like it. The story goes, there was an old lady in the Kroger parking lot walking from the Kroger from just receiving her heart medication. She was walking near the parked cars on the right, meaning the cars were on her right and on her left was the place for cars to drive by to find a space. She was walking along and noticed a car going kinda of fast to be in the parking lot, she side stepped to the right in order to make sure not in the road. Near her were two empty parking spaces. I am not sure if she was in front of the parking space or behind the spaces, but she was near the spaces involved. When all of a sudden, the lady gets hit on her left side by the car and the next thing she knows she is on the ground.
2006-12-19 15:32:33 · 10 answers · asked by Candace C 1 in Politics & Government ➔ Law & Ethics
The lady went to the hospital, her whole left side was bruised. Her hospital visits totaled 9500. She didn't complain of any hurting until 20 months later when she hit her foot on a rocking chair and her leg flared up again. This lady is retired and takes care of her husband most of the time.
2006-12-19 15:42:47 · update #1
well, when the case ended she was awarde 25,000 to cover everthing including her medical bills, and pan and suffering. 9500 medical expenses, and rest pain and suffering. the lady can walk and talk and in her good sense. the man walks with a cane and was very earnest on the stand about not seeing her. this accident happened in 2003, three years ago. the lady says she doesn't have pain unless she stands for more than an hour like washing dishes or cleaning up.
2006-12-19 16:07:32 · update #2
The incident occured on the private property of Kroger. So she should have sued them of course like every one else does because they have more money and it was obviously their fault someone else drove into their parking lot and hit her.
Aww man that reminds me I should have sued the lady that actually walked into my car while we were driving in the walmart parking lot, even swerved to avoid her, she still walked right into the front fender.
Anyway, I'd say the cost of the medical bills and a stern warning to pay more attention. She had already noted that she saw the vehicle, which seemed to be driving kinda fast for being in a parking lot. Not an excuse for someone to drive recklessly in a parking lot, however. The "flare up" could not be directly attributed to injury received from the accident due to the passage of time and considering she is elderly (though being elderly is only marginally relevant), in my opinion.
The saddest thing is that attorney's fees cut into whatever would be considered a fair award, unless she happened to have a really nice attorney or represented herself.
2006-12-19 16:05:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It depends on the extent and permanent injuries that were sustained as a result.
If she got a bruise, have a nice day.
If she will never walk again, or will be in 10 years of constant pain, then a nice hefty sum is fair.
More info please!
Points for US_ for making me laugh. =)
UPDATED: 10k in hospital bills plus maybe 20k in pain and suffering. Accidents happen, and sun in the eyes is a common thing. And it was over a year and a half later. It COULD be unrelated.
Still, no excuse for speeding in a parking lot. So I'd personally go for an extra $20K in compensation for the "speeding douchebag" penalty.
50K total.
I disagree that "No amount is too much". It only encourages people to make up injuries in order to get some fast cash. That hurts EVERYONE's insurance rates.
Do tell us at some point what she was awarded.
2006-12-19 15:37:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Sounds like a reasonable settlement.Whether the sun was in the guys eyes or not,he was still at fault.I see how people drive through our parking lots,how more accidents don't happen is a miracle.People drive like they are on a freeway.After the lawyer takes his cut,she won't have much over the medical bills anyway for her pain and suffering.
2006-12-19 17:53:07 · answer #3 · answered by stellablue1959 5 · 1⤊ 0⤋
She deserves compensation because by law in most states the driver is at fault when accidents occur in a parking lot. Probably $10,000 would be good compensation but there must be an insurance company scale.
2006-12-19 15:48:10 · answer #4 · answered by Reba K 6 · 0⤊ 0⤋
real men are meant to be sturdy no longer basically actual, yet mentally as real. Alot of human beings look down on a guy for hitting a lady, inspite of solid reason, by skill of truth he did not coach sufficient *psychological* fortitude to carry himself again. many times cases potential is shown interior the shortcoming of action taken. I dont imagine of rather violence ever fairly solves some thing, yet there some circumstances the position i am going to understand why a guy ought to hit a lady. woman are *no longer* always as susceptible and innocuous as they supply the impression of being.
2016-11-27 21:45:41 · answer #5 · answered by ? 4 · 0⤊ 0⤋
If I was hearing that kind of a case, I'd award her whatever I could. She was the innocent victim of a careless driver who should be taken off the road. The woman is probably lucky to be alive, much less walking.
NO AMOUNT IS TOO MUCH. (Sorry, I feel strongly about this kind of thing)
'Nuff said.
2006-12-19 15:40:22 · answer #6 · answered by Len_NJ 3 · 0⤊ 0⤋
reimbursement of her medical bills
and pain and suffering.
sicne you didn't give us what exactly was her dmages (ie how hurt was she? what was her medical bills) we can't dtermine anything else from your statement or the amount you agreed to give.
oh and in certain states, they have automatic minimum penalties for certain types of negligetn crimes and some states put caps on teh amount of money a person can sue for. So its also a state issue.
2006-12-19 15:38:56 · answer #7 · answered by arus.geo 7 · 0⤊ 0⤋
You really shouldn't be discussing this outside of the jury. You are supposed to decide on the facts that the defense and prosecuting attorneys give you.
2006-12-19 15:40:31 · answer #8 · answered by unquenchablefire666 3 · 0⤊ 2⤋
LOL.... seems like you were caught by the guy who did it... lol... Anyways, she probably didnt do what she said cause old people like that arent very aware of their surroundings. They really shouldnt be able to drive... My grandpa knows he cant drive cause of his age so I do the driving for him. Anyways, She should get medical paid for and thats it... Sun in the eyes sucks and it has happened to me before.
2006-12-19 15:43:36 · answer #9 · answered by nitroushaze 1 · 0⤊ 2⤋
The sun was in my eyes Damnit! The old hag should have been paying more attention to her surroundings. What was I supposed to do drive with my head hanging out the window?
P.S. I know what juror you were.
2006-12-19 15:36:52 · answer #10 · answered by Anonymous · 1⤊ 3⤋