$1,198,000 Jury Verdict for 47-Year-Old Man With Spinal Injuries After Box Truck Crash

Plaintiff was a passenger in a car that was struck in the rear by the defendants' truck, operated by a truck driver in the course of his employment. The plaintiff was granted summary judgment by the court on the issue of liability and the case proceeded to trial to determine damages. The trial on damages lasted 10 days and the jury returned a verdict favorable to the plaintiff, resulting in a $1,198,000 settlement for him.

Court and County
Supreme Court, Queens County

Age and Occupation of Plaintiff
At the time of the accident, our client was a 47-year-old self-employed welder.

Description of Case
On the day of the accident, our client and his friend were out for a drive to get something to eat. Our client was a passenger in the front seat of the vehicle his friend was driving. The vehicle belonged to our client's sister, and our client's friend had permission to use the vehicle that day.

Our client and his friend were traveling eastbound on Rockaway Boulevard when they pulled up to a traffic light. Our client stated that as they approached the traffic light, it turned yellow. Upon seeing the yellow light, our client's friend came to a stop. Shortly after they came to the stop, he heard and felt a tremendous impact to the rear of the vehicle. Our client's car was rear-ended by a box truck driven by the defendant truck driver. The defendant testified that at the time of the accident, he was driving 40 miles per hour.

When the truck rear-ended our client, the car he was in was pushed forward into a concrete divider that separated the northbound and southbound lanes of the road. The car made contact with the divider on the driver's side. The damage to the rear of the car was significant due to the defendant's speed. The driver of the vehicle described it as "totaled."

As a result of the accident, our client immediately started to complain of back and neck pain. He was taken by an ambulance to Jamaica Hospital from the scene of the accident due to the severity of his injuries.

Contrary to our client's account of the accident, the defendant truck driver claimed that the cause of the accident was our client's vehicle stopping short at a green light. Even though there was contention over how the accident happened, our client was granted summary judgment on the issue of liability and the case proceeded to trial to determine damages.

Injuries and Damages
Our client suffered injuries to his cervical and lumbar spine as a result of the accident. At first he treated these conditions conservatively, but eventually he required a lumbar discectomy and lumbar fusion surgery. Our client's doctor also recommended that Plaintiff receive cervical fusion surgery. At trial, Plaintiff claimed damages for past and future pain and suffering and past and future medical expenses.

Verdict
After 10 days of trial, the plaintiff obtained a jury verdict of $1,198,000.

Handling Attorneys
The case was handled and tried by Partner Scott Occhiogrosso and Senior Counsel Frederick C. Aranki.

Fighting for Your Rights in Truck Accidents
The truck accident lawyers at Block O'Toole & Murphy have years of experience obtaining compensation for those injured in a collision with a box truck. Select results include:

  • $14,000,000 verdict for a motorcyclist who was struck by a truck making a left turn, whose view of the road was obscured by a parked box truck
  • $2,000,000 settlement for a 48-year-old driver who required neck surgery after he was rear-ended by a box truck on the Long Island Expressway
  • $1,250,000 settlement for a 48-year-old husband and father who needed multiple shoulder and spinal surgeries after he was rear-ended by a box truck at a traffic light

If you or someone you know has been injured in a collision with any kind of truck, you may have a right to legal compensation for your injuries. Dial 212-736-5300 or fill out our online contact form to speak to an expert truck accident attorney today.