DATE OF VERDICT
9/26/13
COURT AND COUNTY
Supreme Kings
AGE AND OCCUPATION OF PLAINTIFF
Plaintiffs’ were a husband and wife that were stopped at a traffic light when they were rear-ended by another vehicle. At the time of accident, the wife was retired and husband was unable to return to employment more than three and one-half months following the accident.
FACTS AND ALLEGATIONS
The subject accident occurred on Sunrise Highway on April 20, 2010 in Bellmore, New York. Plaintiffs’ were stopped at a red traffic light and fully stopped when they were struck by Defendant’s vehicle. Plaintiff’s vehicle sustained minimal damage amounting to no more than $363.00. Plaintiffs were wearing their seat belts at the time of the accident, but the impact caused each to be thrown frontwards and back respectively into their driver and passenger seats.
INJURIES/DAMAGES
Plaintiffs’ complained of lower back and neck pain as a result of the accident. Plaintiffs’ left the scene of the accident in their vehicle and appeared at a hospital the same day. Plaintiffs’ began a conservative course of medical treatment that continued after their No-Fault benefits were terminated. When physical therapy did not provide any relief for their lower back and neck pain, Plaintiffs’ were referred to a pain management physician where received nearly two years of epidural steroid injection therapy for their lower back and neck injuries.
Plaintiff was awarded Summary Judgment for Defendant’s failure to provide a non-negligent explanation for rear-ending a stopped vehicle. Defendant’s insurance company took a no-pay position and the case proceeded to trial. Defendant argues that because there was minimal property damage to Plaintiff’s vehicle, any injuries alleged by the Plaintiffs’ were pre-existing and degenerative in nature. Plaintiff’s treating physicians acknowledged that both Plaintiffs’ had degenerative spine conditions as they were older, yet, found their injuries to be causally related since they were asymptomatic prior to their accident and had sustained no prior injuries or accidents preceding the subject accident.
VERDICT AMOUNT
The case proceeded to trial and a jury rendered a verdict in favor of the Plaintiffs’ for a total of $100,000.
HANDLING ATTORNEYS
Brian P. Wright
