The lawyer representing 37-year-old Shirley Miller agreed to a deal with Duane Reade resulting in a $22 million pedestrian accident settlement. In 2008, Miller was crossing the street in midtown New York when she was struck by a Duane Reade delivery truck.
“Miller, who suffered brain damage, blindness and can hardly speak, was asking for up to $100 million but her lawyer said the record-setting settlement was fair,” reported the Daily News.Duane Reade, a subsidiary of the Walgreen Company, “denied liability on this for years and put her through the mill,” her attorney said, according to a report in the NY Daily News.
New Yorkers who have suffered injury in an automobile accident due to negligence or recklessness may be in a position to demand damages for related medical expenses, lost wages, emotional trauma, and other non-economic losses.
The NY law firm of Edelman, Krasin & Jaye can give car accident victims and their loved ones skilled legal advice and help them figure out a plan of action. Call 1-800-469-7429 to schedule a no-cost review of your case with one of the New York car accident lawyers at EKJ Law.
NYC pedestrian accident victim was hit on her birthday
It was Shirley Miller’s 32nd birthday when the truck driver changed her life forever. Before the accident, the native Israeli worked as a veterinarian at the Humane Society. As if suffering from brain damage, blindness, and speech impairment wasn’t enough, she was subjected to a deceitful legal defense by the pharmacy chain.
According to her attorney, “Duane Reade made up a story when the accident happened that she [had] fallen under the rear wheel of the truck after it made a turn and we were able to prove that that was impossible.”
Her father, Yehuda Miller, commented that the truck driver “ran her down in a crosswalk and left her to die alone in the street. Well, now, finally everyone knows the truth.” He also noted that the driver called his superiors and the union before dialing 911.
Two trials and five years later Duane Reade agrees to a record settlement
After Miller filed a NY pedestrian car accident lawsuit against the pharmacy giant, the first trial began and ended in 2012 without resolution. For reasons not entirely clear, the jurors were excused from the first trial. To further complicate matters, the judge presiding over the first trial was forced to recuse himself after engaging in badmouthing the defendant’s lawyer and hanging wanted posters of the attorney with a bull’s-eye drawn on his picture.
Following the first trial, a series of legal maneuvers delayed the second trial until November 2013. After Miller’s attorney presented their case, which proved the impossibility of the defendant’s story through eyewitness and medical expert testimony, Duane Reade agreed to settle.
The record-breaking personal injury settlement of $22 million for a single plaintiff replaces the previous record of $17.9 million held by Tabitha Mullings for a medical malpractice suit, according to VerdictSearch – a division of American Lawyer Media that tallies court payouts.
How a New York pedestrian accident lawyer can help
Accidents involving a pedestrian and an automobile often leave the victim with devastating, life-changing injuries. It is not uncommon for these types of unfortunate events to include hit-and-run, drinking and driving, or sleep deprivation scenarios.
Though pedestrian accidents can often have tragic consequences, the law is on the side of victims. At Edelman, Krasin & Jaye, your rights become our responsibility.
Call us today at 1-800-469-7429 for a complimentary, no-obligation consultation about your case with one of our New York personal injury attorneys. We will lend a compassionate ear, give you an honest assessment of the merits of your case, and help advise you and your family as to the best course of legal action.