$3,000,000 Award for Landscaper Injured in Highway Tractor Trailer Accident

Our client, a 57-year-old landscaper on the date of the accident, was stopped at a red traffic signal on an exit ramp on Interstate 287 in Greenburgh, New York. While waiting to make a left turn from the ramp, our client saw a truck coming fast from his right sideview mirror. Unable to move his vehicle, our client was rear-ended by the oncoming truck. The collision resulted in severe injuries including cervical herniated discs and a rotator cuff tear that ultimately required surgery.

Due to post-operative pain, our client required an additional revision surgery to improve his condition, amassing large medical bills for treatment. This matter, handled by Partners Jeffrey A. Block and S. Joseph Donahue, settled for $3,000,000 prior to trial.

Court and County
Supreme Court, Rockland County

Age and Occupation of Plaintiff
Our client was a 57-year-old landscaper at the time of the accident.

Description of Case
At the time of the accident, our client was working as a landscaper, driving a truck on an exit ramp on Interstate 287 in Greenburgh, New York. His vehicle was stopped in traffic when a tractor trailer, operated by the Defendant driver, struck his vehicle in the rear. Our client was unable to move out of the way due to traffic and the speed of the oncoming vehicle. During the case, our firm obtained summary judgment on the issue of liability, with the Court finding Defendant was 100% responsible for the accident. The court scheduled a damages only trial.

Damages
As a result of the accident, our client was taken by EMS to a local hospital with complaints of pain to the head, neck and right shoulder. He was treated and released. Following his discharge, our client began a course of conservative care that included physical therapy and chiropractic treatment. His condition did not improve and he was ultimately sent for MRI testing, which confirmed herniated discs in his neck and a rotator cuff tear in his right shoulder. When his condition did not improve with conservative care, he was recommended for surgical intervention.

Our client underwent an Anterior Cervical Discectomy and Fusion at C4/5 and C6/7, as well as a right shoulder arthroscopic surgery and rotator cuff tear repair.

Post-operatively, our client continued to experience significant neck pain and upper extremity radicular pain. He was diagnosed with a an incomplete/non-union of the prior cervical fusion, thereby necessitating further neck surgery, including an Anterior Cervical Decompression and Fusion at C5/6, as well as a Posterior Cervical Fusion at C4-C7.

Following the revision surgeries, our client's condition improved, however he continued to experience pain and limited range of motion of his cervical spine. Due to his ongoing condition, he was no longer able to work as a landscaper and required ongoing conservative medical care and treatment.

Settlement Amount
The matter was settled for $3,000,000 before going to trial.

Handling Attorneys
The matter was handled by Partners Jeffrey A. Block and S. Joseph Donahue.