The action arose out of an alleged auto versus pedestrian accident. The plaintiff contended that the defendant’s vehicle struck the plaintiff at 30 mph while the plaintiff was crossing the street at an intersection. The complaint alleged causes of actions for motor vehicle negligence and general negligence. The Defendant, represented by Gordon Bowley, contended that the plaintiff slapped the side of the defendant’s vehicle as she began to roll forward, that the plaintiff never fell, or even stumbled, as a result of the contact with the vehicle. It was contended that the plaintiff’s claim was fraudulent and that the plaintiffs symptoms were a result of long standing pre-existing injuries.
Mr. Zurakwa alleged injuries to his hands, fingers, wrists, elbows, rotator cuffs, scapula, thoracic spine, and cervical spine. He alleged that as a result of the accident, his right shoulder required decompression surgery and that he left shoulder would require a future surgery. The plaintiff alleged approximately $25,000 in past medical treatment. However, on objection by the defendant, only $12,000 were submitted to the jury. Plaintiff demaded $500,000 prior to trial. Defendant offered $25,000.
Following a four day jury trial, jurors took just two hours to find in favor of the defendant awarding no damages to the plaintiff. A poll of jurors following the case showed 11 out of 12 voted in favor of the defense.