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Pedestrian Injury

A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver. Initially, she was treated for minor dental injuries and a concussion, but her problems progressed, and she felt increasingly ill and unsteady. After several months, a neurologist diagnosed her with traumatic epilepsy. Although at the time of trial she showed no visible signs of obvious injury or impairment and appeared to be completely recovered, the testimony of medical experts proved that not only was the epilepsy caused by the accident, but it was permanent and progressive.