$1,800,000 Awarded to Victim of Construction Site Collision

DATE OF VERDICT
2008-06-24

COURT AND COUNTY
Supreme New York

AGE AND OCCUPATION OF PLAINTIFF
Plaintiffs were the operator, age 42 and her niece, passenger, age 21.

DESCRIPTION OF CASE
Plaintiffs were struck at a low speed by a construction vehicle while it was reversing. Defendants challenged liability accusing Plaintiff of ignoring the flagman and trying to pass the moving payloader.

INJURIES/DAMAGES
Both Plaintiffs claimed back, knee and shoulder injuries. The Plaintiff, operator had a 12 year history of low back pain w/radiation down the legs and a prior 3 level lumbar discectomy in 1993 with continued complaints of pain and treatment up to the within accident of September, 2005. She also had a significant history of knee complaints pre-dating the within accident. Plaintiff ultimately underwent a 3 level fusion at the same levels previously operated upon in 1993. She also underwent two arthroscopic knee surgeries following this accident. The Plaintiff, passenger had a knee arthroscopy and a shoulder arthroscopy following the within accident. The defendant doctors opined that none of the injuries or surgeries were caused by the within accident.

VERDICT/SETTLEMENT AMOUNT
$1,800,000

NOTE
This case was handled by Jeffrey A. Block.