NJ.com is running a story today about a jury award of $525,000 to the family of a caregiver who was killed when the elderly man she was helping hit and killed her with his vehicle.
The 59-year-old victim was traveling with her patient to a restaurant when the elderly man who was operating the car drove the car onto the sidewalk striking the victim who had already exited the vehicle. She was hit and pinned between the automobile and a wall. She subsequently lost a leg and ultimately died as a result of her injuries.
After the car accident the deceased’s family filed a car accident negligence suit against the driver of the car. A jury yesterday awarded the victim’s family $225,000 for her wrongful death and an additional $300.000 for pain and suffering.
The two-week trial focused more on the victim’s job description than whether or not the elderly man was negligent. The defense agreed that the driver was negligent but questioned the legal standing of the family to file a wrongful death lawsuit against him. The defense argued that the deceased caregiver was an employee of the defendant and therefore under local applicable worker’s compensation law was barred from filing any work-related claim, including a wrongful death claim, against him.