Family of Run-Over Woman Wins $1M




Family of Run-Over Woman Wins $1M

The family of a woman who was killed in a pedestrian accident in 2004 has been awarded $1 million by a jury in a lawsuit against Rockland County, and the driver of the car who hit her and failed to notify police or stop to render aid.

The jury found the driver of the car, Duane Boos, 35 percent liable for the victim Stacy Gersten’s pain and suffering, and the county 65 percent liable.

The county was found partially liable because of an improperly placed curb cut that “invited” pedestrians to cross the street in a dangerous area with no crosswalk, and no curb cut on the opposite side of the street.

Gersten’s family’s lawyer, James Lynch, who tried the case with his brother Arthur Lynch, said that the family was happy that the jury found the accident was not Stacey’s fault.

The Hit-and-Run

On march 31, 2004, just after 9 p.m., Stacey Gersten, a 48-year-old mildly developmentally disabled woman, was walking home from a pharmacy. She had gone out to purchase bubble bath.

She was struck by Boos’ car as she was about to finish crossing a street. Boos did not stop to render aid and he did not call the police.

Gersten had started crossing the street when the light was red, but the light had just turned green by the time she was hit.

As a result of the impact, Gersten was in a coma for two weeks before she died.

The Curb Cut

The curb cut (the spot at which the sidewalk slopes down to street level to allow access to wheelchairs) is next to a right turn lane. There is no curb cut on the opposite side of the street, and there is no crosswalk.

“The concern was that Stacey was invited to cross at a location that really was not safe,” said Lynch. “The hope of the Gerstens in the outcome of this case is that the county will take another look at this and try to make it safer so something like this doesn’t happen again.

If you or a loved one has been seriously injured or killed in a pedestrian accident, please contact us today for a free consultation with a compassionate and experienced personal injury attorney who can explain your legal rights and options. You may be able to recover compensation for your pain, medical treatment, missed work, and more.

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