$1,800,000 Awarded to Victim of Construction Site Collision
DATE OF VERDICT
COURT AND COUNTY
Supreme New York
AGE AND OCCUPATION OF PLAINTIFF
Plaintiffs were the operator, age 42 and her niece, passenger, age 21.
DESCRIPTION OF CASE
Plaintiffs were struck at a low speed by a construction vehicle while it was reversing. Defendants challenged liability accusing Plaintiff of ignoring the flagman and trying to pass the moving payloader.
Both Plaintiffs claimed back, knee and shoulder injuries. The Plaintiff, operator had a 12 year history of low back pain w/radiation down the legs and a prior 3 level lumbar discectomy in 1993 with continued complaints of pain and treatment up to the within accident of September, 2005. She also had a significant history of knee complaints pre-dating the within accident. Plaintiff ultimately underwent a 3 level fusion at the same levels previously operated upon in 1993. She also underwent two arthroscopic knee surgeries following this accident. The Plaintiff, passenger had a knee arthroscopy and a shoulder arthroscopy following the within accident. The defendant doctors opined that none of the injuries or surgeries were caused by the within accident.
This case was handled by Jeffrey A. Block.