DATE OF SETTLEMENT
11/11/15
COURT AND COUNTY
Supreme Bronx
AGE AND OCCUPATION OF PLAINTIFF
Plaintiff was 54 years old on the date of the accident. Plaintiff was a home health aide when the accident occurred.
FACTS AND ALLEGATIONS
The subject accident occurred on November 11, 2015, at 1:47 pm in the parking lot on the corner of Eastchester Road in Bronx, New York. Plaintiff was sitting in her vehicle and eating her lunch when she was struck by a tow truck. Defendant lost control over his vehicle when he mistakenly shifted his vehicle into drive when attempting to hook up another vehicle.
Plaintiff was wearing her seat belt at the time of the accident, but the impact caused her to strike her shoulder and back into the driver’s side window. Plaintiff’s vehicle was a total loss and sustained several thousands of dollars in property damage. She was taken to the hospital and complained of left shoulder pain and lower back pain.
INJURIES/DAMAGES
Plaintiff appeared by ambulance to the hospital and complained of left shoulder pain and lower back pain. The following day, Plaintiff’s pain increased and she went to a medical facility, where she began a conservative treatment over a five to six month course of physical therapy. Medical testing and MRI’s revealed that she had sustained herniated discs in her lumbar spine and cervical spine. When physical therapy did not provide any relief for her shoulder pain, she was referred to an orthopedist and underwent arthroscopic surgery of her left shoulder. Plaintiff began a course of pain management and underwent lumbar spine surgery two years after her accident. Plaintiff continued to undergo physical therapy twice a week for ongoing pain in her lumbar and cervical spine and had limitations caused by her injuries.
Plaintiff was awarded Summary Judgment against Defendant for his negligence in operating his vehicle. Defendant’s bio-mechanic expert claimed that the impact was not sufficient to cause the injuries that Plaintiff sustained and Defendant’s doctors claimed that Plaintiff’s injuries were pre-existing. Plaintiff’s treating physicians claimed that her injuries were causally related and she had no injuries prior to her accident. Plaintiff’s bio-mechanic expert rebutted Defendant’s expert and argued that the impact was significant and sufficient to cause the injuries she sustained.
Plaintiff made claims for past and future medical expenses, past and future pain and suffering, loss of enjoyment of life, and economic damages for lost income and union benefits related to a shortening of her work life.
SETTLEMENT AMOUNT
The parties negotiated a $2,500,000 settlement after jury selection.
HANDLING ATTORNEYS
Brian P. Wright & Victor M. Serby
