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$1,500,000 for a Woman Who Was Injured as Passenger on Department of Corrections Bus

While seated as a passenger in a Department of Corrections vehicle, our client was injured when the driver lost control of the vehicle. She suffered injuries to her spine that required injections, nerve blocks, and back surgery. Represented by our attorneys, Stephen Murphy and Aaron Fishkin, she received a $1.5 million dollar settlement.

Court and County
Supreme Court, Bronx County

Plaintiff Description
Our client was a 20-year-old food service clerk on the date of the accident.

Description of Case
The incident stems from an accident during the early morning hours of October 4, 2017, when our client was being transported in a Department of Corrections vehicle after arrest. During transport, the defendant driver lost control of the corrections department vehicle, which our client was a passenger in. The vehicle struck a pole, causing our client to be thrown about the vehicle and for her to collide with another passenger in the vehicle.
The defense argued that the defendant driver’s boot got stuck between the brake and accelerator pedal and thus was not negligent.

Emergency medical services arrived on the scene to treat our client. Her initial complaints included neck pain, dizziness, and blurred vision. EMTs transported her to Elmhurst hospital, where she was treated and released.
Two days after being discharged from Elmhurst, she presented to Harlem Hospital Center complaining of dizziness, headaches, and neck and lower back pain. After being discharged from Harlem Hospital, our client began physical therapy and acupuncture treatment.

With her pain not abating, our client underwent MRIs. A lumbar MRI revealed disc bulges at L4-L5 and L5-S1 levels and a subligamentous herniation at the L5-S1 level. The cervical MRI revealed disc herniation at the midline at C4-C5 and disc bulges at C4-C7 levels.

At the recommendation of doctors, and, in addition to therapy and chiropractic care, our client underwent a number of injections and nerve blocks to alleviate her back pain. After conservative care was exhausted, she underwent a back surgery consisting of a left hemilaminectomy, facetectomy, and foraminotomy L5-S1. There was no hardware installed in our client’s back.

Settlement Amount
The parties negotiated a $1,500,000 settlement.

Handling Attorneys
This matter was handled by firm attorneys, Stephen J. Murphy and Aaron R. Fishkin.

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