$1,500,000 for Woman Hit by NYPD Tow Truck
COURT AND COUNTY
Supreme Court, Bronx County
AGE AND OCCUPATION OF PLAINTIFF
Plaintiff was a 33-year-old security guard and mother of three young children.
FACTS AND ALLEGATIONS
On the date of the accident, Plaintiff was a pedestrian crossing the street on 149th Street between Morris Avenue and Cortlandt Avenue in the Bronx when she was struck by an NYPD tow truck. The tow truck was backing up at the time of the collision and the driver claims he did not see her prior to striking her. Bystanders alerted the tow truck driver that he had struck the Plaintiff and that she was still underneath the truck or he would have continued to back the vehicle over her.
The Plaintiff was taken by ambulance to Lincoln Hospital where she was admitted for three days and treated for her injuries. X-rays revealed that she sustained non-displaced cervical fractures at the C-2, C7 & T-1 levels. She did not require surgery for these cervical fractures. The Plaintiff also suffered from left knee derangement and a tear of the medial meniscus of her left knee. These knee injuries required arthroscopic surgery to repair. Plaintiff’s treating orthopedic surgeon would have testified at trial that she suffered permanent and disabling injuries related to the accident. Plaintiff also suffered psychological trauma including Post-traumatic Stress, Major Depressive Disorder and recurrent flashbacks of the accident for which she treated with a psychologist.
Plaintiff also sought economic damages for future medical needs and the cost of future healthcare related to her injuries from the accident. Her future medical needs included treatment related to her cervical spine and left knee that she would need going forward for the span of her lifetime. The Plaintiff also alleged lost wages as a result of the accident. It was alleged that she could not return to work as a Security Guard or in any other capacity due to her injuries. In support of these claims, Plaintiff retained a Physical Medicine and Rehabilitation specialist who examined the Plaintiff and opined regarding her future medical needs and the costs for same and also disabled her from employment. The Plaintiff also retained a Vocational Rehabilitation expert who also examined the Plaintiff and opined that due to her injuries and based on her past education and work experience she was not qualified to return to work in any capacity, including in her past employment as a Security Guard. The Plaintiff’s expert economist extrapolated the present cost of her future healthcare needs and lost wages using applicable economic growth rates.
This matter was settled prior to trial for $1,500,000.
The case was handled by Daniel P. O’Toole and Frederick C. Aranki.