Type of action: Personal Injury/Wrongful Death

Type of injuries: Brain Injury/Death

Court/case #: Superior Court, Middlesex

County, C.A. No. 89-2705

Judge or jury: N/A Name of judge: N/A

Special damages: $5,200.00 medicals

Damages awarded or settled.- Settled

Amount: $250,000.00

Attorney for plaintiff. Kenneth I. Kolpan, Law Office of Kenneth I. Kolpan, Boston

Attorney for defendant: Withheld Name of case: Kashuck v. Costa Insurance carrier- Liberty Mutual Highest offer- $250,000.00

Other useful info:

On January 3, 1989, decedent, a 70-year-old woman, was crossing in a north bound direction on Commonwealth Avenue at the intersection of Babcock Street when she was struck by the defendants van. Decedent was found lying unconscious outside the crosswalk after impact. Decedent suffered traumatic brain injury, did not regain consciousness and died one day later.

Criminal charges were brought against the defendant for causing her death but he was acquitted at a bench trial in Brighton District Court. There were no witnesses to the accident except for the defendant. Defendant claimed that the early morning sun blinded him as he made a left turn from Babcock Street to go east on Commonwealth Avenue. Police reports were inconclusive on whether or not decedent was struck while in the crosswalk. At the time of the accident, both the decedent and defendant had flashing red traffic lights. There was no evidence that the claimant had pressed the button for the pedestrian light.

Decedent was immediately rendered unconscious, though defendant said decedent was trying to speak but he heard no sounds. Medical records indicated she was responsive to pain but defendant contested whether or not she consciously suffered pain during the 24 hours preceding her death. Decedent lived alone and was employed full-time as a secretary at a local university when she died. Her surviving heirs were 2 adult children (one of whom lived out-of-state) and 3 grandchildren.

Suit was settled for $250,000.00 several months before trial.

Published with permission of Massachusetts Lawyers Weekly.