Plaintiff was the front seat passenger of a vehicle stopped at a red traffic light on 16th Street, at the intersection of Prospect Park West in Brooklyn, New York. While stopped at the light, Plaintiffs' vehicle was struck in the rear by Defendant Sacco's vehicle, causing Plaintiffs' vehicle to then strike a stopped vehicle in front of her vehicle.
Plaintiff moved for summary judgment on the issue of liability. The court granted Plaintiff summary judgment on the issue of liability. The matter proceeded to a damages only trial.
Following the accident, Plaintiff was taken via EMS to Methodist Hospital, where she made complaints including complaints of neck pain. She was treated and released.
Thereafter, Plaintiff came under the care of an orthopedist and began a course of conservative treatment, including physical therapy and injections. However, the conservative care failed to alleviate her pain and, ultimately, she underwent a Cervical Fusion surgery at C4-6. Unfortunately, Plaintiff experienced a pseudoarthrosis, or a failure to fuse, and was required to undergo a second surgery, specifically a Cervical Fusion surgery at C4-C7.
Following both surgeries, Plaintiff returned to work and continues to work at this time. There was no claim for loss of earnings.
The defense claimed that while Plaintiff was injured, Plaintiff's second surgery was only performed due to a pseudoarthrosis that was caused by Plaintiff's smoking.
Following deliberations, the jury returned a verdict in the amount of $3,369,066.75.
The case was handled by Jeffrey A. Block of Block O'Toole & Murphy.