$1,490,000

COURT AND COUNTY

Supreme Kings

AGE AND OCCUPATION OF PLAINTIFF

Plaintiff was 39 years old, and working as a construction laborer and livery car driver at the time of the accident.

DESCRIPTION OF CASE

After shopping at a local grocery store, the Plaintiff was driving his Ford Windstar minivan back to his Brooklyn home, when he was involved in a collision with a school bus. Prior to the collision, the Plaintiff and Defendant vehicles were both traveling along 20th Avenue in Brooklyn, and driving toward each other in opposite directions. The intersection where the accident occurred contained no traffic control devices, such as a stop sign or traffic light, for vehicles in either direction. The Defendant bus turned left at the intersection, and collided into the driver's side of Plaintiff's minivan, as Plaintiff attempted to drive straight through the intersection. The defense vigorously disputed its fault for the accident. A passenger on the Defendant bus testified that she saw the Plaintiff's minivan quickly and unsafely jump out of a parking space on the far corner of the intersection moments before the impact, not giving the bus driver enough time to observe Plaintiff's minivan and avoid striking it.

INJURIES/DAMAGES

Plaintiff sustained neck and back injuries, for which he underwent physical therapy and ultimately two spine surgeries. The first surgery involved a non-invasive laser ablasion of the L3/L4 level of Plaintiff's lower back. The second surgery involved an anterior discectomy and fusion at the C5/C6 level in Plaintiff's neck. Plaintiff claimed damages for past and future medical costs and his pain and suffering. Plaintiff had no claim for lost earnings.

The Defendants argued that Plaintiff's spine injuries existed before this accident, and were mainly the result of his obesity. The defense disputed that the spine surgeries undergone by Plaintiff were necessary.The defense neurologist, after examining the Plaintiff, found that Plaintiff had no objective sign of neurologic injury, and was fully capable of working and living his life with no restrictions. A radiologist retained by the defense, after reviewing all of Plaintiff's MRI films, concluded that any damage to Plaintiff's spine was degenerative and longstanding in nature, and was not caused by this collision.

VERDICT/SETTLEMENT AMOUNT

$1,490,000

NOTE

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