On April 23, 2007, Plaintiff, a fifty (50) year old salesman for Nabisco, was a back seat passenger in a Lincoln Navigator. As the vehicle approached the intersection of Glenmore Avenue and Snediker Avenue, in Brooklyn, New York, a moving truck, owned by Defendants Assured Moving & Storage, Inc., and Galil Moving & Storage, proceeded through a stop sign on Snediker Avenue and struck Plaintiffs' vehicle as it traveled on Glenmore Avenue. The impact occurred at the passenger side of Plaintiff's vehicle and the front of Defendant's moving truck. As a result of the impact, Plaintiffs' vehicle collided with multiple parked cars on Glenmore Avenue.
Plaintiff alleged that Defendants were negligent in the ownership and operation of their vehicle by proceeding through a stop sign and failing to yield to Plaintiffs' vehicle.
Defendants argued that Plaintiffs' vehicle, was traveling at an excessive rate of speed thereby causing the accident.
Plaintiff was taken by ambulance to Brookdale Hospital with complaints of pain to the neck, lower back and left arm. Plaintiff was treated and released. Following release from the hospital, Plaintiff came under the care of various physicians. Plaintiff was diagnosed with herniated discs at the L4-S1 levels and underwent a course of conservative treatment, including physical therapy, epidural injections and use of medications.
However, Plaintiff's condition failed to improve. As a result, Plaintiff underwent a lumbar fusion at the L4-S1 levels on May 29, 2008, at New York University Medical Center. Following surgery, Plaintiff underwent a course of physical therapy and continued to follow up with his surgeon. As a result of his injuries, Plaintiff sought recovery for his past and future pain and suffering, medical expenses and loss of earnings. Defendants claimed that Plaintiff's condition was due to degenerative pre-existing conditions, that the surgery Plaintiff underwent was unnecessary, that Plaintiff did not require any ongoing medical treatment and that Plaintiff was able to work.
The parties reached a $1,975,000 settlement prior to trial.
The case was handled by Jeffrey A. Block and S. Joseph Donahue of Block O'Toole & Murphy.