$1,750,000 Settlement for City Sanitation Worker and Wife Who Suffered Neck Injuries in Collision With Truck

The plaintiff driver was 35 years old on the date of accident and was employed as a Security Enforcement Agent for the NYC Dept. of Sanitation. The plaintiff passenger was 28 years old on the date of the accident and was not employed.

This matter stems from a motor vehicle accident which occurred on September 30, 2011, at 10:40 am at the intersection of Madison Street and James Street, New York, New York. Plaintiffs, husband and wife, claim the vehicle they were in was stopped at a red light on Madison Street where it intersects with James Street when suddenly, without warning, they were struck in the rear by defendant, a New York City Sanitation truck. Defendant claims that he was stopped behind plaintiff at the red light on Madison Street when his foot slipped off the brake causing defendant's vehicle to strike plaintiff's vehicle in the rear.

Injuries

Plaintiff driver sustained a cervical herniation to the C3-C4 disc level requiring an anterior cervical discectomy and fusion at that level.

Plaintiff passenger sustained a cervical herniation to the C5-C6 disc level requiring an anterior cervical discectomy and fusion at that level.

The Defendants argued that there was a large gap in time before either plaintiff sought medical treatment for the claimed areas of injury and the disc herniations claimed for both plaintiffs were pre-existing and not caused by the subject accident. Further, defendants claim that plaintiffs had an excellent result from their surgeries and require no additional treatment.

Verdict/Settlement

The case settled for $1,750,000.00

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