$1,350,000 Award for NYC Cab Driver Injured in Rear-End Accident
Our client, a yellow cab driver, was stopped at the traffic light when he was involved in a rear-end accident. As a result of the crash, he suffered back pains requiring lumbar fusion surgery. Represented by the Law Firm of Block O’Toole & Murphy, he was awarded a $1,350,000 settlement.
DATE OF SETTLEMENT
12/4/17
COURT AND COUNTY
Supreme Court Bronx County
AGE AND OCCUPATION OF PLAINTIFF
Plaintiff was 62 years old on the date of the accident. He was a yellow cab driver.
FACTS AND ALLEGATIONS
This matter stems from an accident which occurred on January 23, 2014, at 2:30 pm on Vanderbilt Avenue at its intersection with East 46 th Street, New York, New York. Plaintiff, a yellow cab driver, was stopped at a red light on Vanderbilt Avenue where it intersects with East 46 th Street when he was struck in the rear by Defendant Manasier. Defendant Manasier was also stopped for the red light on Vanderbilt directly behind Plaintiff when his vehicle was struck in the rear by Defendant Klinghoffer forcing his vehicle forward striking the rear of Plaintiff’s vehicle.
Defendant Klinghoffer claimed that he began to brake 2 car lengths prior to the rear of the Manasier vehicle but his vehicle skidded on ice he did not see and he was unable to stop before the impact. No police arrived at the scene of the accident. After everyone left the scene of the accident Plaintiff drove to the nearest police precinct to report the incident.
INJURIES/DAMAGES
Plaintiff did not go to an emergency room or seek medical assistance on the date of the accident. About four days post-accident Plaintiff began experiencing lumbar pains and restrictions and he was referred to a physiatrist for evaluation and treatment. When the back pains continued, and even worsened, Plaintiff was eventually referred for an MRI which revealed a lumbar herniation at the L4-L5 segment. After extensive conservative treatment failed, including physical therapy and multiple epidural steroid injections, Plaintiff was recommended for and underwent a lumbar fusion surgery at the L4-L5 level.
About twenty-two days post-accident Plaintiff began to experience left shoulder pain and restrictions and as a result was referred to an orthopedic physician for evaluation and treatment. An MRI was obtained that revealed left shoulder tears to the infraspinatus tendon, supraspinatus tendon, and subscapularis tendon requiring an arthroscopic repair surgery. Plaintiff claimed that after his lumbar surgery he was unable to return to work as a cab driver due to his injuries. Plaintiff also claimed that the injuries have prevented him from assisting his family with household chores, prevented him from exercising, and has prevented him from playing sports with his eleven year old son. Plaintiff made claims for loss of earnings, past and future medical expenses, as well as past and future pain and suffering and loss of enjoyment of life.
The Defendants argued the impact was minimal, there was very limited property damage, and the subject accident did not cause the claimed injuries. Defendants also claimed that all diagnostic studies illustrated degenerative conditions that were pre-existing and that there were no acute traumatic conditions found on the radiology studies resulting from the accident. Further, Defendants argued that Plaintiff’s surgeries were unrelated to the accident, the injuries claimed are all resolved, and he does not require any further treatment. Finally Defendants argued that Plaintiff can participate in all activities of daily living without restrictions.
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RESULT
The parties negotiated a $1,350,000 pretrial settlement.
HANDLING ATTORNEYS:
The case was handled by Partner Stephen J. Murphy and Associate Michael J. Hurwitz.