$2,000,000 AWARD FOR A DRIVER STRUCK IN THE REAR CAUSING NECK AND SHOULDER INJURIES

DATE OF SETTLEMENT

January 4, 2017

COURT AND COUNTY

Supreme Bronx

AGE AND OCCUPATION OF PLAINTIFF

Plaintiff was 48 years old on the date of the accident. Plaintiff was employed by the County of Suffolk Department of Public Works.

FACTS AND ALLEGATIONS

This matter stems from a motor vehicle accident which occurred on August 19, 2014, at 1:50 pm on the Long Island Expressway. Plaintiff was operating a work vehicle on the westbound LIE in the right lane when, without warning, his vehicle was struck in the rear by defendant box truck who was attempting to switch lanes. Defendant claimed that there was a slow moving truck ahead of him in the center lane when he attempted to pass on the right and as he merged into the right lane where plaintiff was traveling a bit ahead of him, plaintiff suddenly braked causing him to strike the rear of plaintiff's vehicle.

INJURIES/DAMAGES

Plaintiff suffered neck injuries prior to the accident that resulted in this case including two neck compression fractures. In fact, six months prior to this accident Plaintiff injured his neck and was receiving treatment ongoing treatment.

After the most recent accident Plaintiff refused treatment at the scene of the accident but shortly thereafter was driven to the Emergency Room at Stony Brook Hospital where he was treated and released the same day. About three weeks after the accident Plaintiff commenced treatment for neck and shoulder pain. Plaintiff was referred for diagnostic studies including an MRI of the right shoulder which revealed a tear and resulted in an arthroscopic surgery. Plaintiff also sustained cervical herniations at C4/C5 and C5/C6 confirmed by MRI studies requiring a fusion surgery at those levels.

Plaintiff argued that the most recent accident worsened and aggravated his prior neck injury, and caused the need for neck surgery. The defense, and their expert physicians, argued that Plaintiff's neck problems were all preexisting and not caused by this recent car accident.

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

SETTLEMENT AMOUNT

The parties negotiated a $2,000,000 pretrial settlement.

NOTE

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