Boston Partner Mark Segalini recently received a defense verdict in Brockton Superior Court following a 3 day trial arising out of a motor vehicle – pedestrian accident. The plaintiff, a 9 year old boy, was attempting to cross Sumner St in Brockton as he was walking home from school with his older ( 11 year old ) brother when he was struck by the defendant’s vehicle, operated by a 21 year old young woman. The evidence established that the sidewalk where the 2 boys were walking was across the street from the plaintiff’s home and that the older brother was essentially watching out for his brother as they walked home from school. The older brother had given the plaintiff permission to cross the street when the defendant’s vehicle was some distance down the street but the plaintiff waited and did not attempt to cross the street until some time had passed. As the defendant’s vehicle approached closer, the older brother looked back and saw that the plaintiff had not crossed the street yet and observed him attempt to cross the street when the defendant’s vehicle was too close to avoid striking him. The cross examination of both the plaintiff and brother elicited refreshing and honest testimony in describing how the accident occurred but damaging at the same time such that the jury could not overlook the inability of the defendant to avoid striking the plaintiff. Liability was complicated by allegations that the defendant was on her cell phone at the time of the accident.