$1,850,000.00 Settlement for Victim of a Delivery Truck Collision in the Bronx

This matter stems from a delivery truck accident on 174th Street in the Bronx. Plaintiff claims she was stopped behind defendant truck when defendant began backing up his vehicle striking the front of plaintiff's vehicle. Defendant admits that he put his vehicle in reverse but claims plaintiff pulled up behind him in his blind spot and that he only moved backwards a few feet before impact, which was minimal.

The female Plaintiff was 43 at the time of the accident and was employed as a paraprofessional for the Board of Education for the City of New York earning $130 per day.

The Plaintiff alleged to have sustained cervical herniations to the C6-C7 disc level with C7 nerve root impingement requiring an anterior cervical discectomy and fusion.

The Defendants argued that the impact was minimal and there was very limited property damage and therefore there wasn't enough force of impact to cause the claimed injuries. Further that the disc herniation was pre-existing and not caused by the subject accident, evidenced by the post-accident diagnostic studies which illustrated degeneration.

Defendants also claim that plaintiff had an excellent result from the cervical spine surgery and requires no additional treatment and is able to perform all activities of daily living. Defendants also contested plaintiff's claim that she is unable to return to work as a paraprofessional arguing she is able to perform her current job duties as well as many other job positions.

The case settled at a mediation for $1,850,000. The case was handled by Partner Stephen J. Murphy, Michael Hurwitz and Christina (Mark) Mercado.