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The family of a woman who was killed in a hit-and-run accident won a $1 million lawsuit against the driver and Rockland County.

The victim Stacy Gersten had a mild developmental disability and was 48 when a vehicle on a county road struck her on her way home from a pharmacy. She was in a coma for two weeks before she died.

The jurors were asked to consider how the curb cut’s location on the road might have contributed to Gersten’s death.

The jury found the driver of the vehicle, Duane Boos, 35 percent liable for the incident, and the county 65 percent liable.

The family’s lawyer, James Lynch, said he was pleased that the jury confirmed that Gersten did not do anything wrong when she was hit.

The Accident

On March 31, 2004, Gersten was walking home from the drugstore when she was struck by Boos’ Toyota. She had begun to cross the street when the light was red but had turned green by the time she was hit.

Boos left the scene without stopping and did not notify the police.

Gersten was hit as she neared the opposite side of the street. She was in a coma for two weeks before she died.

Lynch said that the jury agreed that the curb cut on the sidewalk was an “invitation” for pedestrians to cross the street in a dangerous area with no crosswalk, and no curb cut on the other side of the street.

“The concern was Stacey was invited to cross at a location that really was not safe,” Lynch said. “The hope of the Gerstens in the outcome of this case is that the county will take another look at this and try to make it safer so something like this doesn’t happen again.”

After the accident, the police investigated local body shops and found that Boos had replaced his windshield two days after the accident. The police said that if Boos had stopped, he would likely have not been arrested.

Boos pled guilty to leaving the scene of an accident involving an injury, which is a felony. He served six months in county jail and was placed on probation for five years.

If you or a loved one has been injured in an accident, please contact us today for a free consultation with an experienced personal injury attorney who may be able to help you recover compensation for your losses.