Lucene Fergus was crossing East 23rd Street near Third Avenue on August 11, 1969 when she was run down by the trailer truck owned by the defendant Benedetto Trucking Co., Inc. There is no dispute that plaintiff was crossing with the light and was unable to avoid the oncoming truck. Plaintiff was hit in the back towards her left hip and thrown forward. The injury was diagnosed as an impacted fracture of the left femoral neck. An operation was performed involving the insertion...
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