$1,250,000 Settlement for Auto Accident Victim Suffering Severe Lower Back Pain
Our client, a 57-year-old motorist, was driving along Clarkson Avenue in Brooklyn. She was traveling with the right of way when her vehicle was struck by another car that failed to yield while attempting to make a left turn onto the roadway. This left-turn accident left our client with injuries to her neck and lower back. After conservative treatments failed to provide relief, our client ultimately required surgery. Represented by BOM Partners Stephen J. Murphy and Michael J. Hurwitz, our client received a settlement of $1,250,000.
Court and County
Supreme Court, Kings County
Plaintiff Description
Our client was 57 years old on the date of the accident. Plaintiff was not employed when the accident occurred and there was no loss of earnings claim.
Description of Case
This matter stems from a motor vehicle accident which occurred on Clarkson Avenue, Brooklyn, New York. Plaintiff was operating her vehicle westbound on Clarkson Avenue, a two-way roadway, when Defendant, who attempted to pull out of an intersecting driveway, proceeded to try and make a left turn onto the roadway, despite having an obstructed view to the left, and struck Plaintiff. Plaintiff alleged that Defendant failed to yield the right-of-way in violation of VTL §1143. Plaintiff’s summary judgement motion regarding liability was pending decision when this matter settled. Defendants claimed Plaintiff should have seen the Defendant’s vehicle and avoided the collision.
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Damages
Immediately after the impact, Plaintiff started experiencing sharp pain in her lower back and neck. Plaintiff presented to the emergency department at Downstate Medical Center where she made complaints of progressive pain to her lower back and neck. After discharge from the hospital, Plaintiff presented to a physical medicine and rehabilitation facility where she was started on a course of physical therapy three-four times a week. When therapy and pain management failed to provide any improvement, Plaintiff was referred for MRIs of the lumbar and cervical spine.
An MRI of the lumbar spine revealed a herniation at the L5-S1 segment. Plaintiff also underwent an EMG study of the lower extremities which revealed evidence of L5 radiculopathy. After extensive conservative treatment failed, Plaintiff underwent a lumbar fusion surgery at the L5-S1 segment. Plaintiff also alleged to have sustained cervical herniations requiring physical therapy and pain management.
The 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 and no herniations found on the post-accident radiology studies. Further, the Defendant’s orthopedic surgeon argued that Plaintiff’s injuries were degenerative in nature, the lumbar surgery was unrelated to the accident, and that no further treatment was necessary and she can engage in all activities of daily living without any restrictions.
Settlement
This matter, handled by Partners Stephen J. Murphy and Michael J. Hurwitz, settled for $1,250,000.00.