$1,000,000 Settlement For 35 Year-Old Truck Loader

On October 6, 2013, Plaintiff was driving on 242nd Street near its intersection with 89th Avenue in Queens County. The front driver’s side of Plaintiff’s vehicle collided with the front passenger side of a vehicle being driven by the defendant in the intersection. Plaintiff claimed that he sustained injuries of his neck and right shoulder.

Plaintiff alleged that the defendant was negligent in the operation of his vehicle, and the vehicle owner was vicariously liable for his negligence as an owner of the vehicle who permitted the driver to use it.

Plaintiff claimed that the defendant had a stop sign and failed to yield to the right-of-way.

Plaintiff moved for summary judgment on liability. Plaintiff’s motion was granted.

The Plaintiff refused medical assistance at the scene of the accident. He went to the emergency room later on the day of the accident. He claimed that he was suffering neck and back pain. He underwent minor treatment.

Plaintiff ultimately claimed that he sustained a partial tear of the supraspinatus tendon of his right shoulder. He also claimed that he sustained a herniation of his C5-C6 intervertebral disc of his spine, which he claimed caused narrowing of the right neural foramen.

Plaintiff underwent arthroscopic surgery that addressed his right shoulder. He later underwent surgery that included a discectomy, which involved excision of the anterior portion of his C5-6 disc, and fusion of the corresponding level of his spine.

Plaintiff claimed that he suffers residual pain and limitations. He also claimed that he requires additional treatment. Plaintiff also claimed that he was unable to resume his job as a truck loader, where he was earning approximately $9.25 per hour. He sought recovery of past and future medical expenses, past and future lost earnings, and damages for past and future pain and suffering.

The defense claimed that Plaintiff had a preexisting degenerative disc condition in his spine, that he achieved an excellent recovery and that his only residual complaint was localized neck pain which, still permitted him a nearly full range of motion of his cervical spine. The defense further claimed that Plaintiff exaggerated his need for additional treatment.

The case was handled by Partner Stephen Murphy and Christina (Mark) Mercado.