$2,225,000 Compensation for Passenger Who Suffered Serious Lower Back Injuries After a Collision

Our client, a 55-year-old receptionist, was a passenger riding in an Access-A-Ride vehicle travelling westbound on 34^th Street. At the intersection of 34^th Street and Park Avenue, the Defendant driver of the Access-A-Ride vehicle attempted to make a left turn onto Park Avenue when the vehicle was struck the Defendant driver of another vehicle. Our client, who was just a passenger in the incident, suffered immediate lower back pain that ultimately required surgery. Handled by partners Jeffrey A. Block and S. Joseph Donahue, this matter was settled at mediation for $2,225,000.

Court and County

Supreme Court, New York County

Plaintiff Description

At the time of the accident, our client was a 55-year-old receptionist.

Description of Case

This motor vehicle accident occurred at the intersection of 34^th Street and Park Avenue in New York City. At the time of the accident, our client was the rear passenger in an Access-A-Ride vehicle travelling westbound on 34^th Street in Manhattan. As the Defendant driver of the vehicle approached the intersection of 34^th Street and Park Avenue, the Defendant driver attempted to make a left turn from 34^th Street, southbound onto Park Avenue. At that time, the Defendant driver of another vehicle, travelling eastbound on 34^th Street, entered the intersection and collided with the Access-A-Ride vehicle.

The location of the accident, 34^th Street, is a two-way street with two lanes of travel in each direction. There is a standard traffic signal. Both drivers claimed to have the right of way and blamed the other driver for the accident.

Following depositions, a motion for summary judgement was made seeking the court find Defendants responsible for the happening of the accident and that our client, as a passenger, had no responsibility for the accident. The Court granted our motion. The only issue left to be determined by the jury was the percentage of fault for each Defendant driver and the damages sustained by our client.

Damages

As a result of the accident, our client experienced immediate pain to the lower back. She was taken by ambulance to a local hospital with complaints of lower back pain radiating to her right lower extremity. She was treated and released with instructions to follow up with her primary medical care provider. After consulting with her primary doctor, our client began a course of conservative care, including chiropractic care, physical therapy, and pain management. She underwent three lumbar epidural steroid injections; however, they did not alleviate her pain.

Ultimately, due to ongoing pain, our client underwent an MRI study of the lower back that revealed a disc herniation at the L4/5 level, with impingement on the exiting nerve root. This impingement was the cause of the pain radiating to her right leg.

As a result, she was referred by her treating doctor for a spinal surgery consult and was recommended to undergo a lumbar fusion surgery at the L4/5 level, which was performed approximately one year following the accident.

Following the surgery, our client experienced relief from her low back pain and radiating pain. However, approximately one year later, her pain began to increase. Follow up imaging studies revealed a pseudarthrosis, or failure to fuse, at the surgical level. This meant that the surgical fusion had not properly healed.

Due to her failure to fuse, she required a second surgery, which consisted of a lumbar spine fusion at the L3- L5 levels. The surgery was successful and resulted in improvement of our client’s condition.

The Defendants attempted to argue that the cause of our client’s low back pain was the presence of a cyst at the L4/5 level, which was not related to the accident. They also argued that her disability, if any, was as a result of unrelated bilateral knee replacement surgeries and a prior ankle fracture with open reduction internal fixation.

Our client did not allege that her knee or ankle conditions were related to the accident.

Settlement

This matter was settled at a private mediation for $2,225,000. The case was handled by partners Jeffery A. Block and S. Joseph Donahue.