Absence of Pedestrian Bollards at Strip Mall Results in Sidewalk Car Strike and Death
Polytrauma and death by car strikeTried Before Judge or Jury
$2.15 millionPlaintiff’s Counsel
Marc L. Breakstone, Esq.
Breakstone, White & Gluck, PC
On November 24, 2015, the 73-year-old retired plaintiff and his buddy were exiting a suburban strip mall store when an 87-year old driver lost control of her car, careened across the sidewalk and struck and killed plaintiff. Plaintiff suffered massive internal injuries resulting in his immediate death. His friend, and one other pedestrian were seriously injured. The elderly driver had no idea why she lost control of the vehicle. The evidence suggested that she hit the accelerator instead of the brake as she maneuvered through the mall parking area. The gruesome crash was captured on multiple surveillance cameras.
Plaintiff was prepared to prove that the owner of the shopping plaza failed to provide appropriate protective measures for pedestrians at or about the store’s entrance. Over the years, the owner had placed more than 30 bollards at the rear and side of the shopping complex to protect the building, delivery bays and mechanical structures from vehicle strikes. Bollards had also been placed at the entrance of another retail store in the mall, but none in front of the subject entrance.
Plaintiff’s engineering expert was prepared to testify that the failure to provide pedestrian protection at this location was a breach of industry standards for providing safe walkways for pedestrians.