Plaintiff Awarded $9,539.54 for Accident Caused by Young Driver
Plaintiffs, a mother and her two children, sued defendant driver for injuries they alleged they suffered in a car accident.
The AccidentThe plaintiff argues that the defendant had a lack of sleep at the time of the accident, fourteen hours without sleep, that she was driving her mother’s car with which she was unfamiliar, was driving it for the first time and that she had never driven in the area before this. The plaintiff also argued that the defendant was on her first date and was, therefore, nervous. She admitted to driving 35 miles per hour in a 25 mile per hour zone and could have turned to the left to avoid the collision. The plaintiff also argued that she was very familiar with the area. Although she was exiting a parking lot, she could see 200 feet down the road. When she looked, there was no car within the 200 feet. The defendant argued that speed alone cannot be considered the cause of a collision. However, the plaintiff argues that there was more than speed involved on the part of the defendant. Based upon all the facts and circumstances in the case, there was no negligence on the part of the plaintiff. After a review of all the evidence, including photographs of both the scene and the vehicle of the plaintiff, the court finds that the defendant is liable for the accident.
The OutcomeAccordingly, the, court enters judgment on behalf of the plaintiffs and awards damages as follows: For the plaintiff, Patricia M. Longo, economic damages $ 895.00, non-economic damages $ 5,000.00 for a total of $ 5,895.00. For the plaintiff, Nicholas DeFelice, economic damages of $ 1,419.54, non-economic damages $ 1,000.00 for a total of $ 2,419.54. For the plaintiff, Kaylee DeFelice, economic damages $ 225.00,non-economic damages $ 1,000.00 for a total of $ 1,225.00, for a total award for all plaintiffs of $ 9,539.54