$4,250,000 for Rear End Crash Victim

SUMMARY OF CASE:

Our client, a 42-year-old man, was rear-ended in Westchester County and began to suffer severe pain in his back and left leg very soon after the accident. He underwent sevetal back surgeries to reduce his pain, but continued to experience pain to the point where he believed that he would not be able to work as a copy machine technician.  The defense argued that the impact was not strong enough to cause this degree of injury and pain.  However, they settled during mediation days before the trial was to begin, awarding our client $4,250,000.

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DETAILS OF CASE:

On June 6, 2008, Plaintiff was rear ended by a motor vehicle Bedford, New York in Westchester County.

Plaintiff was awarded Partial Summary Judgment on the issue of Liability.

Following the accident, Plaintiff a 42 year old copy machine technician, refused emergency medical care and drove his vehicle from the accident scene to his office. Plaintiff's first medical visit was the next day with his family physician were he complained of chest pain. Thereafter, Plaintiff began complaining of pain to his lower back radiating down his left leg. He treated with Physical Therapy, Lumbar Steroidal Epidural Injections and on 9/30/08 he underwent an L5-S1 decompressive laminectomy with a peak cage and pedicle fixation for degenerative spondylosis. This surgical procedure did not alleviate Plaintiff's low back pain nor his leg pain. His doctors opined that Plaintiff was suffering from a non-union of his L5-S1 fusion, osteoarthritis and degeneration of the L4-5 facet joint. Plaintiff continued treating with pain management and on 6/29/10, he underwent a second back surgery with removal of the hardware L5-S1, and revision and extension of the fusion to L4-L5. Plaintiff continues conservative treatment through physical therapy and pain management.

Plaintiff claimed that as a result of his condition, he would require lifelong medical care and was no longer able to work as a copy machine technician.

Defendants alleged that the impact was minor with insufficient force to cause Plaintiff's substantial injuries.

The case, venued in New York County, settled for $4,250,000 at a mediation days before jury selection began.

This matter was handled by Jeffrey A. Block of Block O'Toole & Murphy.