Anthony G. Cacciabeve and Marie Cacciabeve, his wife vs. Kevin J. Matthews, et al., Docket No.: MRS-L-1663-18.
At all times herein, Plaintiff, age 60, suffered from a pre-existing, unrelated quadriplegia condition, necessitating the use of a motorized wheelchair and specially-equipped handicap van for purposes of mobility. While at a commercial parking lot, Plaintiff was sitting at a full stop in his motorized wheelchair adjacent to his handicap van, which was parked in a handicap spot in the subject commercial parking lot. While in the process of backing up a vehicle, the parking lot attendant failed to maintain proper observations and/or otherwise failed to take evasive action when he struck Plaintiff with the rear, driver-side corner of another vehicle. Plaintiff was violently knocked out of his wheelchair, suddenly and without warning, at which point he hit the ground with the left side of his body. He immediately complained at the accident scene of pain to his head, neck, left arm and hand, as well as bleeding from his forehead and left ring finger. He sustained a left hand fracture and dysreflexia, amongst other injuries. Defendants argued that Plaintiff’s limitations were not related to this accident. Plaintiff remains fully symptomatic from his injuries as a result of this accident.
The case settled for the arbitration award amount of $ 200,000.00, plus pre-judgment interest in the amount of $9,333.93, for a total of $209,333.93.