Publication Details

Mitchell L. Pascual Prevails in Pedestrian Knock Down Trial

Mitchell L. Pascual Prevails in Pedestrian Knock Down Trial

Mitchell L. Pascual obtained a no cause verdict in New Jersey Superior Court, Bergen County, successfully defending a driver insured by Allstate New Jersey Insurance Company.   The matter of Ruiz v. Mehta was tried before the Honorable Walter F. Skrod, J.S.C. and involved a pedestrian who was struck by the Firm’s client as she turned from the street into her driveway.  As a result of the accident, plaintiff claimed to have sustained permanent injuries to her right hand and cervical spine.  Mitch was able to point out inconsistencies in the plaintiff’s testimony regarding her ability to exercise following the accident and a subsequent knee injury.  Mitch also argued that as a pedestrian, the plaintiff had a duty to make reasonable observations as she walked past the client’s driveway, and that plaintiff was therefore partially at fault for the accident.  The jury agreed and entered a verdict finding the plaintiff was 50% negligent in this matter.  The jury further held that plaintiff did not sustain a permanent injury as a result of the accident and, therefore, did not satisfy the limitation on lawsuit threshold and the claim against the Firm’s client was dismissed.