A
Luzerne County jury awarded a young Hazleton boy $1.5 million
Friday afternoon for injuries he sustained when he was struck
by a car four years ago.
John
Derby, of Berner Avenue, was nine on Feb. 24, 1996, when he
was struck by a Ford Bronco driven by David William Ebert
Jr., of Yorktown Road, Hazleton. The incident happened while
the boy was crossing South Poplar Street in Hazleton.
The
young boy sustained a broken femur, a fractured skull and
clavicle, a fractured jaw, and severe abrasions that left
him with permanent scarring, according to his attorney, Robert
Powell.
The
jury was asked to determine who was at fault for the incident.
The panel assigned 100 percent of the causal negligence to
Ebert.
An
expert witness for Ebert testified it was the young boy who
caused the accident. The defense contended the young boy ran
out in front of Ebert's car, and that Ebert had neither the
time nor distance to react or stop. Attorney
Powell, and his expert, contended Ebert had ample to time
to see and react to the situation but did not.
Ebert
had counter-sued the young boy's mother, Michelle Holloman
claiming her negligence contributed to the accident. Holloman,
who was represented by Attorney Neil O'Donnell, was cleared
of any civil responsibility by the jury.
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O'Donnell
argued Holloman was a good mother who had gone to great lengths
to teach her child how to cross streets safely. The
jury did find that the young boy was contributorily negligent
in the accident, but concluded the boy's negligence was not
a substantial factor in causing his injuries.
The
panel awarded him $500,000 for past, present and future physical
pain and suffering; $500,000 for past, present and future emotional
distress and mental anguish; $200,000 for the past present and
future loss of pleasures and enjoyment of life; $300,000 for
disfigurement; $43,799 for past medical expenses; and $15,000
for future medical expenses.
Attorney
Tim Holland, who represented Ebert, declined comment after the
hearing.
Attorney
Powell commented, "We're very proud of the family. It was a
pleasure to represent them." Attorney
O'Donnell said, "We think it was a tremendous verdict. The boy
deserves every dime and we're particularly delighted that my
client (Holloman) was determined to be in no way negligent."
Powell
lauded the jury's verdict and attention during the five-day
trial.
Judge
Mark Ciavarella presided over the case.
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