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Pedestrian/Auto Collision Results

• ELDERLY WOMAN RIDING A BIKE STRUCK BY UTILITY WORKER
• PEDESTRIANS STRUCK WHILE CROSSING HIGHWAY AT NIGHT

ELDERLY WOMAN RIDING A BIKE STRUCK BY UTILITY WORKER

Larry Wall represented an elderly but very fit woman who was struck by the mirror of a pick-up truck as she rode on the highway south of Winfield Kansas for her daily exercise. The woman was knocked unconscious. She suffered permanent hearing and balance problems. There were no witnesses and so proving the case was difficult. A witness said he had seen a utility truck drive by earlier and that the truck would pass by at the same time each day. An investigator located the truck and photographed the broken mirror on the passenger side. As a result the driver was located and the case settled for $180,000.00.

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PEDESTRIANS STRUCK WHILE CROSSING HIGHWAY AT NIGHT

Larry Wall obtained a verdict in Federal Court in Wichita, Kansas for Manual and Eva Garza. They were crossing the highway at night. They were two blocks from a lighted intersection when they were struck by a motorist that was speeding. At trial, they admitted they were in the country illegally and had worked as migrant workers for over 30 years and had never paid any income taxes. Larry Wall presented the jury with evidence that they had raised 5 children and sent them all to college and three had graduated at the time of the trial. One child was in medical school. The jury was outraged at the defendants appeal to racial prejudice. The defendant’s accident reconstrutionist claimed that because they were wearing dark clothes and had dark skin that made it difficult for the defendant to see the couple. The jury returned a verdict finding the driver 100 % at fault and awarded $184,000.00 for their injuries.

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