$1,850,000 Settlement for Tractor Trailer Accident Victim
Partners Stephen J. Murphy and David L. Scher achieved a $1,850,000 settlement for our client whose vehicle was struck by an irresponsibly merging tractor-trailer on the Long Island Expressway. After enduring neck, back, and shoulder pain, which had to be treated with multiple surgeries, our client could not return to his career as a gas mechanic.
Court and County
New York Supreme Court, Bronx County
Our client was a 35-year-old Trinidadian union gas mechanic who lived in Queens at the time of the accident.
Around 5:00 in the evening, our client was driving his sedan on the Long Island Expressway headed east. Suddenly, our client was struck by a tractor-trailer that was attempting to merge unsafely into the right-hand exit lane, where our client was driving. However, both drivers insisted that they were simply driving straight ahead at a normal speed. The defendant would go on to claim that our client actually attempted to merge into the lane to his left, thus striking the tractor-trailer; photographs later revealed that the impact occurred between the rear driver-side panel of our client’s vehicle and the front passenger side of the defendant’s truck.
Police responded to the scene of the accident and filed a police report. Our client left the scene in an ambulance with concerns regarding neck and back pain. Our client was discharged after an x-ray showed that he had not sustained any fractures. Just days after his release from the hospital, he began treatment with a physical therapist three times a week. These treatments involved chiropractic adjustments, massage, and heat therapy. Our client had to maintain this treatment regimen for years as his suffering persisted.
Despite years of unrelenting treatment, little progress had been made in his recovery. Our client then underwent MRI studies which revealed herniated discs in his cervical and lumbar spine. The imaging also revealed a tear of the supraspinatus in his right shoulder. In response to these findings, our client’s treatment team suggested epidural injections to the affected areas, which were ineffective in alleviating his pain. Subsequently, our client had to undergo three surgeries, including a one-level anterior cervical spine discectomy and fusion surgery, a one-level lumbar spine discectomy with fusion surgery, and finally, arthroscopic shoulder surgery.
Due to this accident, our client was unable to return to his career as a gas mechanic or any other occupation he may have been previously qualified for. We included this loss in their claim, along with damages for pain and suffering and loss of benefits such as annuity, pension, and social security retirement income. These claims were supported by reports from carefully selected economics experts and physicians.
The defendant maintained that our client was at fault for the accident. Additionally, the defense attempted to claim that our client’s injuries were pre-existing due to a prior motor vehicle collision that our client experienced. The prior accident resulted in injury to our client’s neck, back, and right shoulder, which he sought medical treatment for and made a claim for damages. With this information in mind, the defense claimed that they should not be held responsible for any post-accident treatment and pain experienced by our client.
After a very hard-fought litigation, partners Stephen J. Murphy and David L. Scher of Block O’Toole & Murphy overcame those defenses and achieved a settlement of $1.8 Million. At the time that this settlement was achieved, the case was pending in New York Supreme Court, Bronx County, with no scheduled trial date. This settlement was reached while the case was still in its early discovery phase, which was especially rewarding for our client as he may have had to wait several years for a trial date. In light of Court system delays, it is critical to utilize aggressive case handling to achieve timely justice for injured clients.
This matter was settled after mediation for $1,850,000
This case was handled and settled by BOM Partners Stephen J. Murphy and David L. Scher.