$1,200,000 AWARD FOR A DRIVER BROADSIDED CAUSING NECK AND BACK INJURIES

DATE OF SETTLEMENT

February 13, 2017

COURT AND COUNTY

Supreme Queens

AGE AND OCCUPATION OF PLAINTIFF

Plaintiff was 43 years old on the date of the accident. Plaintiff was unemployed.

FACTS AND ALLEGATIONS

This matter stems from a motor vehicle accident which occurred on December 18, 2013, at 3:47 pm at the intersection of Mexico Street and Tioga Drive in Queens, New York. Plaintiff was operating his vehicle northbound on Mexico Street when, without warning, his vehicle was struck on the passenger side by defendant who was traveling west on Tioga Drive. Plaintiff had no traffic devices controlling his route of travel and Defendant had a stop sign controlling his route of travel. Plaintiff claims Defendant failed to stop at the stop sign striking his vehicle. The Defendant claimed his vision was partially obstructed by a parked vehicle at the corner and that plaintiff was traveling at an excessive rate of speed.

INJURIES/DAMAGES

After the accident Plaintiff refused treatment at the scene but two days thereafter commenced treatment for neck and lower back pain. Plaintiff was referred for diagnostic studies including an MRI of the neck which revealed herniations at C5-C6 and C6-C7 which after conservative treatment failed resulted in a fusion surgery. Plaintiff also sustained lumbar herniations at L4-L5 and L5-S1 confirmed by MRI studies requiring a diskectomy surgery at the L5-S1 level.

Plaintiff argued that the accident caused the traumatic herniations to the neck and back resulting in the need for the surgeries. The defense, and their expert physicians, argued that Plaintiff's neck and back complaints were all preexisting and not caused by this car accident.

Plaintiff made claims for past and future medical expenses, as well as pain and suffering and loss of enjoyment of life.

SETTLEMENT AMOUNT

The parties negotiated a $1,200,000 pretrial settlement.

ATTORNEYS

This case was handled by Stephen J. Murphy, Esq. and Michael J. Hurwitz, Esq.