N.Y. Woman, Struck by Truck in 2008, Receives $22 Million Settlement
By Dean I. Weitzman, Esq. on April 4th, 2014
As she was walking across an intersection in New York City in 2008, Brooklyn resident Shirley Miller, then 32, was struck by a Duane Reed drug store truck, causing massive injuries that left her with brain damage, speech impairments and blindness. The incident occurred on her birthday.
Almost six years after that devastating day, Miller has received a $22 million settlement to bring her lawsuit against the company to a close, according to a Feb. 28 story in the New York Law Journal.
Miller, who is now 37 years old, was employed as a veterinarian when she was hit by the Duane Reade truck in Manhattan, the story reported. Miller and her parents sued the company and the driver, Henry Lewis, for unspecified damages, but the first trial ended up in a mistrial when some jurors were “complaining that they had to get back to work,” the story reported. The judge in the case later “recused himself after allegedly drawing a bull’s eye on a picture of a defense attorney.”
Miller was struck by the delivery truck at Ninth Avenue and 48th Street, according to a Feb. 28 story in the New York Daily News. The $22 million settlement was “the largest personal injury deal in state history,” according to the paper. The settlement came amid the second trial being conducted to resolve the case.
“Duane Reade denied liability on this for years and put her through the mill,” her lawyer, Evan Torgan, told the paper. “I’m satisfied that the amount will be enough to seek the medical care that she needs.”
Previously, the largest sum awarded in New York state to settle a single plaintiff personal injury lawsuit was $17.9 million in a medical malpractice suit, the paper reported.
“At trial, her lawyer was able to prove through witnesses and medical testimony that she was hit in the crosswalk by the front of the truck and did not slip on ice like the defendants claimed,” the story reported. “Duane Reade made up a story when the accident happened that she fallen under the rear wheel of the truck after it made a turn and we were able to prove that that was impossible,” her attorney told the paper.
The second trial had got underway in November 2013 after more than a year of legal maneuvers following the mistrial, according to the paper. Duane Reed settled the case after Miller’s attorneys finished presenting her evidence, according to the report.
These kinds of cases occur every day when innocent victims are hurt or killed in vehicle accidents through no fault of their own due to the actions or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.
We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.
Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.