Jury Awards $38,125 to Teen Pedestrian Struck by Car Outside a Crosswalk

On September 13, 2011, Nora Arafat, then 16 years old, was crossing a street in Spring, Texas when a car driven by Shandrof Burks struck her. Nora's mother, Mona Arafat, filed suit against Burks on her daughter's behalf in the 284th District Court of Montgomery County, alleging Burks failed to keep a proper lookout and exercise reasonable care.

The location presented a central factual challenge: Nora was crossing outside a marked crosswalk. Burks' defense leaned on that fact, arguing visibility was poor in the dark conditions and that Nora had entered the roadway without warning, placing primary responsibility on her. Plaintiff's counsel countered that the absence of a crosswalk did not excuse the driver from his duty to watch for people on the road, and that Burks bore the greater share of fault regardless of where the crossing occurred.

Nora sustained abrasions on her right foot that developed into a three-inch scar on her leg. A plastic surgery expert called by the plaintiff testified that the scar would remain permanently visible without reconstructive surgery. Damages sought included $624.88 in past medical expenses and $37,500 for future medical care.

Hank Stout and Graham Sutliff of Sutliff and Stout tried the case for the plaintiff. The jury found Nora 30 percent liable and Burks 70 percent liable. It awarded $38,124.88 in total damages, which the court reduced by the plaintiff's comparative-fault share to a net recovery of $26,687.42.