DATE OF SETTLEMENT
1/23/07
COURT AND COUNTY
Supreme Bronx
AGE AND OCCUPATION OF PLAINTIFF
Plaintiff was 67 years old on the date of the accident and was retired.
FACTS AND ALLEGATIONS
The subject accident occurred on November 11, 2003, at 10:30 am where the Plaintiff was a pedestrian struck by a moving vehicle. At the time of accident, Plaintiff was walking in a crosswalk of an intersection located in the Bronx, New York. Defendant testified that he did not see her when he made a left hand turn with his vehicle striking the Plaintiff in the crosswalk.
Plaintiff was taken at scene of accident by ambulance to Jacobi Hospital where X-Rays confirmed that she had fractured her ribs. There was also visible bruising indicated to her ribs, both knees, and shoulders as a result of the impact.
INJURIES/DAMAGES
Plaintiff complained of rib pain, right knee pain, lower back pain, and left shoulder pain. X-Rays taken at the hospital confirmed that she had fractured her ribs. MRI’s of her right knee revealed that she had significant tearing of her medial meniscus and sustained disc herniation to both her lumbar and cervical spine. MRI’s of her left shoulder revealed that she had a SLAP tear. After receiving physical therapy for several months, Plaintiff was referred to an orthopedist where she underwent arthroscopic surgery of her right knee and, then underwent arthroscopic surgery of her left shoulder several months later. Plaintiff began a course of pain management where she received multiple epidural injections and was recommended for lumbar spine surgery. Plaintiff’s orthopedic surgeon reported that she would require knee replacement surgery but her age and ill health presented a risk for the procedure.
Plaintiff was awarded Summary Judgment against Defendant for his negligence in striking a pedestrian in a crosswalk while operating his vehicle. Defendant’s doctors claimed that Plaintiff’s injuries to shoulder, back, and neck were degenerative and that she did not require knee replacement surgery. Plaintiff’s treating physicians claimed that her injuries were causally related and would require medical treatment for the remainder of her life. Defendant’s physicians argued that plaintiff’s rib fractures were causally related to the accident but, Plaintiff’s injuries to her right knee, left shoulder, back, and neck were pre-existing and degenerative in nature.
Plaintiff made claims for past and future medical expenses, pain and suffering, and loss of enjoyment of life.
SETTLEMENT AMOUNT
The case settled after jury selection for the policy amount of $1,000,000.
HANDLING ATTORNEYS
Brian P. Wright
