Trial Magazine

While riding his motorized skateboard, Doe, 39, fell on an area of recently milled pavement. He hit his head, resulting in a large subdural hematoma and skull fracture, among other injuries. He was placed on life support and subsequently died. He had been a business manager earning more than $100,000 annually. His medical expenses totaled over $101,100.

Doe’s estate sued the paving company, alleging that it failed to implement any traffic safety control devices, including asphalt fillets or warnings. The failure to alert roadway users of an alleged large drop off in the roadway constituted a safety hazard, the plaintiff asserted.

The defense argued that it had complied with all safety regulations and that Doe had not been wearing a helmet.

The parties settled for a confidential amount.

Citation: Doe v. Roe Paving Co., Confidential Dkt. No. (Confidential Jxn., Ct., & Date).

Plaintiff counsel: AAJ member Michael P. Rainboth, Zachary T. Zimish, and Michael Stanwood, all of Portsmouth, N.H.