$2.5 MILLION SETTLEMENT FOR A PLAINTIFF THAT SUFFERED AN EXACERBATION OF PRE-EXISTING BACK AND SHOULDER INJURIES IN TRACTOR TRAILER COLLISION

COURT AND COUNTY

Supreme Court, Bronx County


DATE OF SETTLEMENT

May 15, 2017

AGE AND OCCUPATION OF PLAINTIFF

Plaintiff was a 26-year-old mail clerk at the time of the incident.

FACTS AND ALLEGATIONS

Plaintiff was driving a vehicle eastbound on I-90 in Rotterdam, New York during a snow storm when she was struck in the rear by a tractor trailer. Plaintiff was driving in the right hand lane with her hazards illuminated when the Defendant driver, who was distracted, ran into the rear of her vehicle. The Defendant tractor trailer driver was distracted when he was looking for paperwork in the cab of his tractor.

The impact was heavy and Plaintiff's vehicle skid off t he side of the road. Plaintiff's vehicle was totaled as a result of the accident.

During the handling of the case, a motion for summary judgment was submitted to the Court for consideration on the issue of liability. The Court ruled in Plaintiff's favor and found that Defendants were 100% responsible for the happening of the accident. Thereafter, the matter was scheduled for a damages only trial.

INJURIES/DAMAGES

Following the accident, Plaintiff experienced pain to her head, neck, back and right shoulder. While Plaintiff did have a prior motor vehicle accident several years earlier with similar complaints, she had undergone conservative medical care that resulted in the resolution of her symptoms several years prior to the instant accident. Thereafter, Plaintiff was able to return to her normal course of activities with no limitations.

As a result of the impact with the tractor trailer, Plaintiff's symptoms returned. Following the accident, Plaintiff began a course of conservative care, including physical therapy, chiropractic care and injections. Despite undergoing extensive conservative care he symptoms did not improve, and, in fact, continued to worsen over the course of time.

As a result of the worsening of her condition, Plaintiff ultimately underwent multiple surgical procedures, including a surgery to her right shoulder and a lumbar decompression. The surgeries were successful; however, Plaintiff continued to experience ongoing symptoms. Plaintiff's treaters opined that her pain would continue over the course of her lifetime, requiring ongoing medical care and treatment. In addition, her ongoing pain continued to affect her daily activities, including caring for her son. Claims were made for past and future pain and suffering and loss of enjoyment of life, as well as past and future medical care costs.

RESULT

The matter was settled prior to jury selection for $2,500,000.

ATTORNEYS

The case was handled by partners Jeffrey A. Block and S. Joseph Donahue.