$1,350,000 for a Man Who Suffered Spine Injuries After Three Car Rear-End Collision
Our client was driving his family to dinner when he was rear-ended in a 3 car chain collision as he approached a red light. He underwent extensive physical therapy and double spinal fusion surgery, and was able to continue working.
Court and County
Supreme Court, Nassau County
32 year old 1199 union member working as an electrician
Plaintiff was driving his father, wife and 9 month old son to dinner on a dark and rainy night. As he was driving, he saw the light ahead of him turn red and began to slow down. He then heard a crash behind him, and quickly turned to put his hand on his son in the rear passenger seat to brace him for impact. Plaintiff had been rammed in a multiple-vehicle collision where he was rear-ended by a car which had also been rear-ended, creating a chain reaction. The Defendant, who has been driving the first car and initiated the 3 car collision, said that he had tried to stop but slid on the wet pavement.
In this accident, nobody besides Plaintiff was injured, which he attributes to the awkward position he was in due to trying to brace his son for the impact. After the accident, Plaintiff and his family continued on to dinner and the next day, Plaintiff even tried to return to work, though he was relegated to very light duties and complained of neck and back pain throughout the day.
Ultimately we moved for summary judgement on the issue of liability and won, persuading the Court the accident was 100% the Defendants’ fault as a matter of law.
Plaintiff first began to complain of neck and back pain later that night. After waking up with pain numerous times throughout the night, Plaintiff checked himself into the ER early the next morning. He reported feeling neck pain radiating to his left arm and weakness, as well as back pain radiating to his buttocks.
He tried returning to work a few days later, but was limited to light duty and heavily restricted by consistent pain in his neck and back. During this time, he underwent extensive physical therapy and injections to try and relieve his symptoms. When these proved ineffective, and MRI’s revealed herniated discs in his cervical and lumbar spine, he underwent double spinal fusion surgery. During his recovery period Plaintiff continued to undergo extensive physical therapy and was unable to work, incurring significant medical expenses and losing wages. He then returned to full time work.
This case settled for $1,350,000 prior to trial. The settlement is noteworthy because of the case’s venue in Nassau, which is an extremely conservative one; and also given the client’s excellent recovery from his surgeries.
This matter was handled by partners Stephen J. Murphy and David L. Scher.