COURT AND COUNTY
Supreme Court, Kings County
AGE AND OCCUPATION OF PLAINTIFF
Plaintiff was a 47 year old livery car driver at the time of the accident.
DESCRIPTION OF CASE
Plaintiff, who was driving a Lincoln Town Car in the course of his work as a livery car driver, was struck in the rear by the Defendant box truck while driving on the BQE.
Plaintiff alleged injuries to his neck and right shoulder. Per MRI studies, Plaintiff was diagnosed with two herniated discs in his cervical spine and a "SLAP" tear in his right shoulder. Plaintiff underwent a neck surgery, consisting of an anterior cervical discectomy with fusion at the C4/5 and C5/6 levels. Plaintiff also underwent an arthroscopic surgery to his right shoulder. Plaintiff claimed damages for his related past and future medical costs, as well as his pain and suffering.
The defense argued that its truck driver was not at fault for the collision, because its truck's brakes unexpectedly failed, causing the collision. The defense also contended that none of Plaintiff's claimed injuries were related to the accident. Defendants pointed to the fact that the two passengers in Plaintiff's car were not injured at all. The defense also retained biomechanical engineering and accident reconstruction experts, who examined the available evidence and concluded that Plaintiff could not have suffered herniated discs or shoulder tears in a minimal rear end impact of this nature. In addition, the defense expert radiologist reviewed Plaintiff's MRI films and determined that any damage to Plaintiff's neck and right shoulder was degenerative in nature and existed before the accident occurred.
The Defendant truck possessed a $1,000,000 insurance policy, with no additional excess or umbrella coverage. The firm was able to settle the case for $950,000 out of the available $1,000,000 policy one year after being retained by the Plaintiff and before the case was even on the Court's trial calendar. This case was handled by Stephen J. Murphy and David L. Scher.