Case Conclusion Date: 10.28.2008
Practice Area: Wrongful Death
Outcome: Trial Verdict for $1,547,445.25
Description: Auto vs. Pedestrian Accident/Wrongful Death [Trial Verdict] - William M. Berman, Esq., of Berman and Riedel, LLP, was retained to represent the parents of a 22- year-old Japanese foreign exchange student who, while living in San Diego California so she could attend Palomar College, was struck by a vehicle and killed. Immediately following the accident, the defendant driver, also a student attending classes at Palomar College, gave a statement to the investigating authorities claiming that she struck the pedes- trian in the street. Based upon this statement and lack of much physical evidence at the accident scene, the investigating authorities determined that the accident occurred in the street, and was caused as a result of the pedestrian walking in the street. In undertaking representation of the parents of the decedent, the attorneys at Berman & Riedel, LLP, retained experts who found witnesses and physical evidence that demonstrated that the decedent was walking on the sidewalk, and not in the street, when she was struck and killed. The case proceeded to trial with disputed liability, the defendant maintaining through trial that the decedent was walking in the public street when the accident occurred. Through the use of scientific forensic evidence, including expert accident reconstruction testimony based upon physical evidence found at the scene, firm Managing Partner William M. Berman was able to convince the trier of fact that the decedent was struck on the sidewalk, and not in the street. In finding that the impact occurred on the sidewalk, defendant was determined to be fully responsible for causing the accident and death of plaintiffsâ€™ daughter, and verdict was rendered in plaintiffsâ€™ favor in the sum total amount of $1,547,445.25.