Child struck by vehicle while crossing street: Excessive speed: Poor reaction: Broken femur: Multiple lacerations: Verdict

Law Reporter, May 2001

Holloman v. Ebert, Pa., Luzerne County C.C.P, No. 5045-- C of 1998, Nov. 17,2000.

Derby, 9, was crossing a street. A vehicle driven by Ebert struck Derby and collided with a parked car. Derby suffered a broken femur, fractured skull, and multiple lacerations requiring debridement. His past medical expenses total approximately $43,800, and his future medical expenses are estimated at $15,000. Derby now has an increased chance of developing arthritis in his leg and has scars that will require plastic surgery in the future.

Derby's mother, individually and on his behalf, sued Ebert, alleging he was speeding and reacted poorly when he noticed Derby crossing the street. Additionally, defendant admitted that after the collision he pulled Derby from under the parked car by his feet.

A jury awarded plaintiffs about $1.56 million.

Plaintiffs' expert witnesses were James Druecker, accident reconstruction, Media, Pa.; Richard Lung, plastic surgery, Miami, Fla.; and Bruce Lafollette, orthopedics, Danville, Pa.

Defendant's experts were Joseph Tarris, liability issues, State College, Pa., and Peter Feinstein, orthopedics, WilkesBarre, Pa.

Plaintiffs' Counsel

*Robert J. Powell, West Hazleton, Pa.

*Stephen A. Seach, West Hazleton, Pa.