$1,500,000 Settlement for Pedestrian Struck By Turning Vehicle at Bronx Crosswalk

DATE OF SETTLEMENT
September 1, 2016

COURT AND COUNTY

Supreme Bronx

AGE AND OCCUPATION OF PLAINTIFF

Plaintiff was 54 years old on the date of the accident and employed as a cake decorator for Zaro's Bakery.

FACTS AND ALLEGATIONS

Plaintiff, a pedestrian, was attempting to cross Bruckner Boulevard within the crosswalk with the crosswalk signal in her favor when she was struck by Defendant's van which was attempting to turn left onto Bruckner Boulevard. The Defendant claimed Plaintiff was not crossing within the crosswalk but rather in the middle of the street and that he did not see Plaintiff because of the weather conditions which included sleet and snow.

INJURIES/DAMAGES

Plaintiff sustained an injury to her neck as a result of the accident. After conservative treatment failed to provide any relief she was referred for an MRI study of the cervical spine which revealed a herniation at the C5-C6 level. When all attempts at continued treatment failed to provide any relief Plaintiff was recommended for, and underwent, a fusion surgery at the C5-C6 level. As a result of the fall Plaintiff also sustained injuries to her knees bilaterally. MRI studies confirmed multiple tears to both knees requiring bilateral arthroscopic surgeries. Additionally, Plaintiff sustained a right shoulder injury. Again, after conservative treatment failed to provide relief Plaintiff was referred for an MRI that revealed a labral tear resulting in an arthroscopic surgery.

Plaintiff was unable to return to work after the accident and most likely will never work again. Additionally, as a result of these significant injuries plaintiff has been unable to engage in her activities of daily living. Plaintiff testified how the injuries have prevented her from working and caring and playing with her young grandchildren, which is crushing to her spirit.

The Defendants argued that the impact was minimal and Plaintiff's cervical spine injury, bilateral knee injuries, and right shoulder injury were all degenerative in nature and not causally related to the subject accident and that all diagnostic studies failed to illustrate any traumatically induced injuries. Further, defendant's argued that no further treatment was necessary for any of the claimed injuries and plaintiff can engage in all activities of daily living without restriction.

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

CASE RESULT

The parties negotiated a $1,500,000 pretrial settlement.

ATTORNEYS

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