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The client retained Grace Condello to represent him on a charge of Careless driving causing the death of a pedestrian. A pedestrian was struck at an intersection at an expressway in the late evening. The driver was making a left hand turn. Police investigation determined that the low-pedestrian area was dimly lit and the pedestrian was wearing dark clothing.
Ms. Condello was able to show, through a defence expert, that the lighting at the intersection was thirty percent less than the recommended lighting and showed that the circumstantial evidence suggested that the driver could not have seen him while making the turn. Ms. Condello was able to arrange a resolution in which the driver entered a plea of Fail to Yield to pedestrian and the charge of Careless driving causing death was withdrawn.
