Trial Magazine

Zoe Rosenthal, 52, was in a crosswalk at an intersection. Charles Davignon turned left at the intersection, striking Rosenthal and knocking her to the ground. She died of her injuries two days later and is survived by her two adult daughters and a granddaughter.

Rosenthal’s daughters, on behalf of her estate, sued Davignon, alleging he negligently operated his vehicle and failed to yield to a pedestrian in a crosswalk. Suit also claimed that Davignon Real Estate Agency and Davignon Properties, LLC were vicariously liable for Davignon’s negligence because he was in the scope of his employment at the time of the incident.

The plaintiffs asserted that Davignon reportedly told a police officer that he had not seen Rosenthal until the time of impact. The plaintiffs also claimed that Davignon’s poor vision in his left eye was a contributing factor.

The defendants admitted liability during trial. The jury awarded $7 million, including $3 million to each of Rosenthal’s daughters.

Citation: Castillo v. Davignon, No. 1879CV00247 (Mass. Super. Ct. Hampden Cty. Apr. 22, 2021).

Plaintiff counsel: Nicholas C. Rowley, Karen Zahka, and AAJ member Benjamin Novotny, all of Decorah, Iowa; and AAJ member Charlotte Glinka, Milton, Mass.

Plaintiff experts: Alan Berg, ophthalmology, Burbank, Calif.; and Andrew Doben, critical care surgery, Springfield, Mass.

Defense experts: David Agahigian, retinas, Springfield; and Jerry Cavallerano, optometry, Boston.