$120,000 Total Award for a Motor Vehicle AccidentApril 12, 2018
In March 2016, Plaintiff 1 was the operator and Plaintiff 2 was as a restrained front seat passenger of a vehicle when the Defendant negligently failed to yield to Plaintiffs’ right of way and struck Plaintiffs’ vehicle at an excessive rate of speed without warning. The force of the impact was so great that it completely totaled Plaintiffs’ vehicle.
Plaintiff 1 was taken via ambulance to the hospital where he underwent a series of diagnostic tests, was administered pain medication and discharged under the advisement to follow-up with an orthopedic specialist. He thereafter commenced a course of conservative care consisting of chiropractic care and physical therapy and underwent diagnostic studies which revealed, central disc herniation at C4-5 and an MRI of his knee demonstrated posterior horn tears of the medial and lateral meniscus; chondromalacia of the patella; chondromalacia of the medial femoral condyle; and (4) plica medialis. Based on the findings, he consulted with an orthopedic surgeon and underwent surgery. Thereafter, Plaintiff 1 underwent some post-operative physical therapy.
Plaintiff 2 was taken via ambulance to the hospital where she underwent x-rays to her chest as well as CT scans to her chest and abdomen and pelvis which revealed fractures at ribs 5, 6, and 7 and a collapsed lung. Given the severe nature of her injuries, she was admitted as an in-patient for further monitoring until being discharged ten (10) days later. Prior to discharge, she participated in in-patient physical therapy. She thereafter commenced a course of conservative care consisting of chiropractic care and physical therapy and underwent diagnostic studies which revealed disc herniation at C5-6 and aggravation, exacerbation and/or acceleration of an asymptomatic pre-existing right shoulder condition consisting of the following: (a) anterior labral tear; (b) articular-sided tear of the supraspinatus tendon insertion; and (c) superior labrum tear. She also experienced some breathing complications such as fluid in the lungs and breathing difficulties and underwent x-ray testing, pulmonary testing and was provided medication to ascertain/resolve pulmonary complications. She received in-home oxygen treatments.
In February 2018, the case settled for a total of $120,000.00 ($90,000.00 as to Plaintiff 2 and $30,000.00 as to Plaintiff 1), prior to the scheduling of a trial.
No lost wage claim asserted. No defenses with respect to liability or damages.