$1,600,000 Settlement for Client Who Suffered Serious Injuries After Crash with Anheuser Busch Delivery Truck
Our client, a 38-year-old woman, was a front-seat passenger in a car traveling in Queens, New York when the car was hit on the passenger side by an Anheuser Busch beverage truck that failed to yield right of way. As a result of the crash, our client suffered herniated discs to her cervical spine which ultimately required fusion surgery and a partial tear of the rotator cuff which required arthroscopic shoulder surgery. Represented by firm partners Stephen J. Murphy and Michael J. Hurwitz, she received a $1.6 million settlement.
Court and County
Supreme Court, Queens County
Age and Occupation of the Plaintiff:
Our client was 38 years old on the date of the accident. She was not employed when the subject accident occurred and there was no loss of earnings claim.
Case Summary
This matter stems from an auto accident which occurred on March 25, 2017 at 7 pm on 35th Avenue where it intersects with 35th Street in Astoria, Queens. Plaintiff was a front-seat passenger in a car operated by Defendant Driver that was traveling straight on 35th Avenue when it was struck on the passenger side by Defendant, an Anheuser Busch beverage truck, that entered their lane from a parked position. 35th Avenue is a two-way roadway with one lane of moving traffic in each direction and parking lanes on both sides.
Defendant Beverage truck driver claims it was attempting to make a delivery to its customer and was in a stopped position with its hazard lights on when co-defendant vehicle drove into the driver side of the truck. Plaintiff made claims against Defendant Anheuser Busch that it was vicariously liable for its vehicle operator failing to yield the right-of-way when attempting to pull into traffic.
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Injuries and Damages
Immediately after the impact Plaintiff started experiencing pain to her neck and was removed from the scene of the accident by EMS to the emergency department at Mt. Sinai Hospital where she was treated and released. The neck pain continued and worsened and she promptly developed left shoulder pain and underwent conservative treatment for both consisting of physical therapy and pain management, all to no avail prompting MRI studies. An MRI of the cervical spine revealed herniations at the C4-5 and C5-6 segments. An MRI of the left shoulder revealed a partial tear of the rotator cuff which resulted in an arthroscopic repair surgery in June 2017. Plaintiff, in an effort to prevent further neurological deterioration, also eventually underwent a cervical spine fusion surgery at the C4-5 and C5-6 segments in September of 2017.
Defendants argued that the cervical spine injury was pre-existing from an accident 5 years prior and that Plaintiff was still treating with physicians for her cervical spine months prior to the subject accident. Defendant’s expert Radiologist claimed that the cervical spine MRI illustrated pre-existing and long-standing degenerative conditions and the left shoulder MRI was a normal study without evidence of any traumatic findings. Further, Defendant’s Orthopedic Surgeon noted that Plaintiff made no complaints of left shoulder pain in the ER on the date of the accident and the MRI shows no traumatic findings and opined that Plaintiff did not sustain an injury to the left shoulder as a result of the subject accident.
Defendant’s Neurologist claims that the MRI of the cervical spine illustrates degenerative findings. Further, that Plaintiff’s neurological exam was normal and there is no disability from a neurological standpoint and no need for any additional treatment. Plaintiff can conduct all of her activities of daily living without restrictions. This expert questions the need for the cervical spine surgery Plaintiff underwent. Despite the vigorous defense, attorneys Michael Hurwitz and Stephen Murphy were successful in securing a seven-figure settlement for the client.
Settlement Amount
The matter settled for $1,600,000.
Handling Attorneys
This case was handled by Partners Stephen J. Murphy and Michael J. Hurwitz.