A gas station attendant received a $200,000.00 settlement after a motor vehicle accident that dislocated his hip.
According to the gas station attendant's testimony, he was working at the gas station while the defendant was waiting for a pump to open. He was in clear view of the defendant, first in standing in front of the defendant's vehicle, and later when he knelt down on the side of the defendant's vehicle to clean out the catch basin.
All of a sudden, while the plaintiff gas station attendant was still knelt at the catch basin, the defendant attempted to make a U-Turn by turning sharply to the right, against the flow of traffic. Before the plaintiff could react, he was struck by the vehicle. The entire incident was taped on the gas station's surveillance cameras.
According to plaintiff's complaint, the defendant was negligent in failing to keep a proper lookout when it was obvious that there were pedestrians in the area, failing to obey traffic controls in the gas station by making a U-Turn, driving at an excessive rate of speed, and failing to maintain proper control of his vehicle.
The defendant denied the allegations, claiming the plaintiff was comparably negligent because he knew there were motor vehicles in the area and yet did not make his presence clearly known to them.
The plaintiff suffered several severe injuries, including a dislocated left hip, a partial MCL tear in his left knee, road rash to his left cheek, and abrasions along his collarbone. As a result, he was not able to return to full time work for six months and forced to drop his two college classes.
The case went to mediation, where it settled for $200,000.00.
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