$1,275,000 Settlement for Client Hit by Car Delivering Domino’s Pizza
A 44-year-old medical assistant was driving in Long Island when she was rear-ended by a car delivering pizza for Domino’s. As a result of the crash, she sustained herniated discs to her cervical spine and suffered serious neck pain. Because of her neck injuries, she underwent fusion surgery at the C4-5 and C5-6 levels several months after the crash. Represented by Firm Partners Michael Hurwitz and Stephen Murphy, she received a $1.275 million settlement.
Court and County
Age and Occupation of the Plaintiff:
At the time of the accident, Plaintiff was 44 years old and employed full-time as a medical assistant. There was no loss of earnings claim as she was able to return to work full-time.
This matter stems from a motor vehicle accident which occurred on January 2, 2019, at 5:50 pm on 35th Street in North Amityville, New York. Plaintiff was driving her car southbound on 35th Street when she was struck in the rear by Defendant’s vehicle. Summary Judgment was granted to Plaintiff regarding liability.
If you’ve been injured in a collision involving a food delivery vehicle, it’s important to know your legal rights. The delivery vehicle accident lawyers at Block O’Toole & Murphy are experienced in litigating commercial vehicle accident cases and have attained top results, including $14 million and $13.5 million settlements for clients hit by company-owned vehicles. To speak with an attorney today, please call 212-736-5300 or fill out our Contact Form. We serve New York and New Jersey.
Injuries and Damages
Immediately after the impact, Plaintiff started experiencing sharp pain to her neck. EMS transported Plaintiff to the ER at Good Samaritan Hospital Medical Center where she made complaints of progressive pain to her neck. Plaintiff was discharged from the ER the same day with instructions to follow up with her physician.
After discharge from the hospital, Plaintiff was seen by her primary care physician who referred her for an MRI of the cervical spine. The MRI of the cervical spine, obtained on 1/19/19, revealed herniations at the C4-5 and C5-6 segments. After extensive conservative treatment failed, Plaintiff ultimately underwent surgery consisting of a cervical fusion at the C4-5 and C5-6 levels on 7/24/19. Plaintiff also underwent post-operative PT for approximately 4 months.
Defendant’s expert Radiologist claimed that all diagnostic studies illustrated pre-existing and long-standing degenerative conditions and that there were no acute traumatic conditions found on the post-accident radiology studies. Further, Defendant’s Orthopedic Surgeon argued that Plaintiff’s cervical spine injury has resolved and that no further treatment was medical necessary. Finally, Defendant’s Neurologist opined that Plaintiff can carry out all her daily activities without restrictions. Despite the vigorous defense, attorneys Michael Hurwitz and Stephen Murphy were able to bring the case to a satisfactory conclusion for the client.
The matter settled for $1,275,000.
Defendant Pizza Company maintained $1,000,000 primary coverage with Progressive Insurance Company and $1 million excess coverage with James River Insurance Co. Progressive paid their one million policy and James River paid $250,000 of its policy.
Defendant Driver maintained $25,000 with Integon Insurance Company which was tendered in full.
This case was handled by Partners Stephen J. Murphy and Michael J. Hurwitz.