| Plaintiff was a seventeen
year-old high school student in her senior year when she was injured
while riding as a front seat passenger in a friend's car. The car
crash
occurred as they were proceeding straight through an intersection with
an on-ramp to Route 3, when then they were cut off by a left turning
pick-up truck. The truck was owned by the defendant construction
company, and was being operated by its president, though the accident
occurred after working hours.
Plaintiff suffered a severe thigh bone
fracture which required open reduction and internal fixation with a
metal rod (intermedullary rod). She also suffered a patella contusion
which required later arthroscopic surgery. Right after the rod was
placed in the plaintiff's broken leg, the plaintiff suffered a fat embolism which greatly compromised
her breathing; she was placed in a coma at Children's Hospital on a ventilator
for several days. While she was in a coma, she was in critical
condition.
Despite her broken leg, plaintiff was able to return to school
after several weeks of recuperation, but was precluded from resuming
any sports activities. She had previously been an active soccer
player. Plaintiff was unable to return to her part-time jobs during
this time.
Plaintiff recovered reasonably well
from her physical injuries, with minor scarring from her operation,
but with persistent knee pain and some compromised pulmonary function.
Plaintiff did, however, continue to suffer psychologically from the
post-traumatic stress, which required a period of counseling.
Plaintiff brought claims against the
driver of the car she was in and the truck driver. The claims against
her driver were settled quickly for the policy limits of $50,000. The
balance of the settlement was paid by the insurer of the pick-up truck
after two days of mediation.
Medical bills had been paid by PIP and
by Mass Health. All outstanding insurance and medical liens were
compromised for under $20,000.
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