A teenage cyclist, who suffered head injuries and a broken leg when being hit by a car whose driver fled from the scene of the accident, has had a negotiated compensation settlement of 635,000 dollars approved in court.
Andrew Mallee (15) of Bryn Mawr, Philadelphia, was cycling along the New Gulph Road in July 2009, when he was hit by a Volvo driven by 77-year-old Suzanne Lammers. Andrew sustained a broken leg in the accident and head injuries which resulted in permanent ear and facial nerve damage.
Lammers fled the scene of the accident, but witnesses gave police details of the car which was found several hours later in the woman´s garage covered with a blanket which hid a smashed windscreen. Lammers told police that she thought she had hit a deer and was going to go back and check but panicked when she heard police sirens.
In July 2010, Lammers pleaded guilty to a felony charge of leaving the scene of an accident involving death or personal injury, as well as the summary offence charge of failure to give information or render aid and was sentenced to 90 days. However, in the civil claim for hit and run compensation which followed, Lammers´ defence argued that she did not cause the accident and that Andrew´s head injuries would not have been so severe had he been wearing a cycle helmet.
A court hearing was scheduled to be heard at Montgomery County Court but, before the trial was able to commence, the two parties settled the claim for hit and run compensation by agreeing to a settlement of 635,000 dollars. After the settlement was approved by the court, the family´s solicitor said “Although Andrew sustained serious injuries initially, thankfully he recovered quite well and is back playing sports and doing well with his studies preparing for college.”