$2,500,000 Recovery for Driver Struck by Another Vehicle Attempting to Leave a Parking Space
DATE OF SETTLEMENT
COURT AND COUNTY
AGE AND OCCUPATION OF PLAINTIFF
Plaintiff was 32 years old on the date of the accident. Plaintiff was a metal polisher when the accident occurred.
FACTS AND ALLEGATIONS
The subject accident occurred on October 10, 2013, at 3:23pm at the intersection of Hemlock Street and Fulton Street in Brooklyn, New York. Plaintiff’s moving vehicle was struck by a motor vehicle trying to leave a parking space.
Plaintiff was traveling southbound on Hemlock Street, a one-way street with one lane for moving traffic and parking lanes on either side, and was approaching Fulton Street. At the same time, the Defendant was attempting to exit a parking space on Plaintiff’s right side and sideswiped Plaintiff’s vehicle. Defendant had stated that he merely did not see Plaintiff’s vehicle approaching as he was pulling out of the parking space.
Plaintiff was wearing his seatbelt at the time of the accident, but the impact caused him to strike his head against the driver’s side window. He did not immediately feel any pain, so no medical assistance was requested at the scene.
Later that same day, Plaintiff began to feel pain in his neck radiating down his left arm and pain in his lower back radiating down his left leg. The next day, Plaintiff began experiencing headaches and went to a medical facility, where it was discovered that he had sustained herniated discs in his cervical spine and his lumbar spine. Plaintiff underwent conservative treatment in a four to five month course of physical therapy. When the physical therapy did not provide any relief for his cervical spine, he was referred to another doctor who performed cervical spinal surgery. Although the surgery resolved the radiating pain down Plaintiff’s left arm, he still experienced pain in his neck a couple times per week and pain in his lower back that radiated down his left leg. Plaintiff continued to undergo physical therapy twice a week for ongoing pain in his cervical and lumbar spine and limitations caused by his injuries.
Plaintiff claimed that the Defendant driver violated New York’s Vehicle and Traffic Laws regarding entering a roadway and starting a parked vehicle. Plaintiff argued that the Defendant did not yield the right of way to Plaintiff who was approaching on the roadway. Further, he argued that Defendant did not wait to move the vehicle until it was reasonably safe. The defense, on the other hand, argued that it was, in fact, the Plaintiff who hit its vehicle as it was exiting the parking space.
Plaintiff made claims for past and future medical expenses, past and future pain and suffering, loss of enjoyment of life, and economic damages for lost income and union benefits related to a shortening of his work life.
The parties negotiated a $2,500,000 pretrial settlement.
This case was handled by Daniel P. O’Toole and Frederick C. Aranki.