Margolis Edelstein



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No Cause of Action Jury Verdict in New Jersey Auto Versus Pedestrian Accident Case

Chris Marcucci obtained a no cause of action jury verdict after a 4-day trial in Atlantic County. In the motor vehicle versus pedestrian collision, the insured struck Plaintiff-pedestrian who was crossing a roadway that had no marked crosswalk.
Defendant-driver’s account of the accident varied over time and at trial she testified that she had not see Plaintiff-pedestrian prior to striking him. Plaintiff sustained numerous fractures, concussion and soft-tissue spinal injuries. After a 4-day trial, wherein the Court determined by way of directed verdict that Plaintiff sustained a clavicle fracture as a result of the subject accident such that the verbal threshold defense was removed from the case, a jury returned a no cause of action verdict determining that the majority of the fault lay with Plaintiff-pedestrian.

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