$1,750,000 Recovery for Back Injuries After Suffolk County School Bus Crash

Court and County

Supreme Court, Suffolk County

School Bus Runs Stop Sign, Causes Collision

Our client, 22 at the time, was a Long Island resident who worked at a rehabilitation and nursing center. As she was driving through an intersection one morning, she was suddenly struck on the driver’s side by a school bus carrying several children on board. The impact sent our client’s car spiraling off the road and into a tree, where she was forced to climb out the passenger side door due to the heavy damage the car had sustained on the driver’s side.

During the investigation, handling partners Stephen J. Murphy and David L. Scher asked the court for summary judgment on liability. They argued that the defendant bus driver’s disregard for the stop sign was a clear violation of traffic law, and our client, who did not have a stop sign or traffic light, did not bear any responsibility for the accident. The court agreed, granting the motion and placing liability fully on the bus driver.

Diagnosing and Treating Lumbar Injuries

Our client did not go to the emergency room from the scene of the car accident, though she did seek care later that same day after she started experiencing numbness, pain, and tingling running down her arms and legs. A few days later, she went to her primary care doctor, complaining of severe headaches, neck and back pain, and stiffness in her upper extremities.

Our client’s doctor initially recommended conservative care, but after rounds of physical therapy and lumbar injections, she ultimately consulted with a surgeon. An MRI revealed disc herniations in her lumbar and cervical spine, and our client underwent lumbar fusion surgery to treat her injuries.

How Block O’Toole & Murphy Fought the Defense’s Pre-Existing Injury Claims

Though liability had already been decided, the defense worked hard to counter our damage claims. They retained medical experts who claimed that our client’s lower back injuries existed before this accident and in fact stemmed from a prior accident she had been in with her mother. They also captured surveillance footage of our client working out after her surgery, using the video to argue that our client had fully healed and did not require future medical treatment.

Despite these arguments, our attorneys held firm, knowing all that their client had gone through to reach this point in her recovery. Though the surgery addressed the worst of her pain, it did not take away the past pain and suffering, nor did it ease the financial burden of her medical bills. It also did not take away her pain entirely – though she was able to return to work, she still suffered days of bad back pain. As such, our attorneys were able to settle the case for $1,750,000.

Settlement Amount

This case was settled for $1,750,000.

Handling Attorneys

This case was handled by Stephen J. Murphy and David L. Scher.