The Berkshire County DA dismissed all criminal charges against Fick & Marx client Judith Daly, who faced several charges arising from an automobile accident that left the 80-year-old driver in the hospital with serious injuries and took the life of a pedestrian who was struck.
Although Daly had a perfect driving record, suffered no known health conditions, and was headed home along familiar roads from her volunteer job at a local museum, medical records revealed that she suffered a major stroke that caused her to lose control of her car. With the help of medical experts, Fick & Marx established that the stroke was an unexpected incident and the unfortunate cause of the deadly accident, not any criminal negligence on Daly’s part. Based on extensive discussions and in light of the medical evidence, the Berkshire DA’s Office agreed to dismiss all charges.
The Berkshire Eagle covered the case.
This case was a tragedy for all involved, and the DA’s Office did the right thing in dismissing all charges.