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Our VerdictsMr. DiPino’s Auto Pedestrian Verdict

September 6, 2016

Peterson v. Mahic arose from an auto and pedestrian incident at the intersection of Potter and Dempster near Main East High School. Mr. Mahic, a junior at Main East drove south bound on Potter intending to turn left onto Dempster and park at the school’s lot. Mr. Peterson walked to the intersection intending to catch a west bound bus on Dempster. The parties had differing versions about the accident. Mr. Peterson contended that he crossed from the west to east near the cross walk across Potter and that as he crossed the south bound left turn only lane, he saw Mr. Mahic coming at a high rate of speed trying to catch the green left turn arrow. Mr. Mahic contended that south bound through traffic was stopped for a circular red light and that he proceeded at about 10 mph in the left turn lane with the green arrow. He also contended that Mr. Peterson walked through the stopped cars in the two through lanes leaving Mr. Mahic no time to react.

Mr. Peterson’s head penetrated the windshield leaving him with 26 facial fractures, a subdural hematoma of his brain and a loss of 12 teeth. His medical bills were just under $70,000. Mr. Peterson demanded the $100,000 policy limits from Mr. Mahic. Mr. Mahic offered binding arbitration. The case was tried by Judge Michael Panter of ADR Systems Inc and he returned an award for Mr. Mahic and against Mr. Peterson.