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New Jersey is sued for letting unfit, elderly man drive.

Publication: Trial
Publication Date: 01-OCT-03
Format: Online
Delivery: Immediate Online Access

Article Excerpt
In what may be the first U.S. suit of its kind, a pedestrian hit by an elderly driver has sued New Jersey for creating an unreasonably dangerous condition by failing to determine whether the drivers it licenses are fit to operate a motor vehicle. (Corso v. New Jersey, No. MID-L-5419-03 (N.J., Middlesex County Super. Ct. filed July 23, 2003).)

In December 2001, Vincent Corso was in an intersection when Phillip Piracci, 80, drove into him. Piracci did not even know he'd hit someone until police arrived at his house after interviewing witnesses. Corso suffered severe head injuries and was transported from the scene in a coma that continued for several months. He is currently wheelchair-bound and living in a traumatic brain-injury rehabilitation center.

Piracci died in February of natural causes, but Corso is suing his estate, as well as the state, for damages.

"The theory against the state is that New Jersey issues licenses when drivers are 17 years old,...

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