$165,000 Award for a Motor Vehicle AccidentApril 1, 2017
Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Barbarito, Frost & Botwinick, PC in Denville, NJ, announces a $165,000.00 settlement for a motor vehicle accident.
In February 2015 Plaintiff was operating a motor vehicle when Defendant 1 failed to yield the right of way while attempting to make a left turn and collided with Plaintiff’s vehicle. At the same time, Defendant 2 negligently and carelessly, parked a company oil truck partially obstructing the view of vehicles at the intersection, which ultimately caused Defendant 1 to strike and seriously injure Plaintiff. Plaintiff was transported via ambulance to the hospital.
Plaintiff commenced a course of conservative treatment, consisting of chiropractic care and acupuncture. When the course of conservative treatment failed to relieve her pain, MRIs were recommended which revealed a subacute centrally and right-sided disc herniation with associated compressive deformity of the dural sac at L3-4; subacute central disc herniation at L4-5 with compressive deformity of the dural sac and spinal canal stenosis; subacute central and left-sided disc herniation with compressive deformity of the dural sac at L5-S1; central and right sided disc bulging at C5-6 with encroachment of the anterior aspect of the spinal canal; and central disc bulging at C6-7 with encroachment of the anterior aspects of the spinal canal. Plaintiff’s lower extremity EMG/NCV test revealed positive findings for left L4 radiculopathy. Due to the chronic nature of Plaintiff’s pain and the failure to respond to conservative treatment and pain management, on January 20, 2016, she ultimately underwent left L4 hemilaminectomy, facetectomy and foraminotomy with decompression of nerve roots; left L5 hemilaminectomy, facetectomy and foraminotomy with decompression of nerve roots; left S1 lateral recess decompression and foraminotomy with decompression of nerve roots; open L4-L5 diskectomy; open L5-S1 diskectomy.
Prior to the scheduling of a trial, the case settled for the total amount of $165,000. ($150,000 paid by Defendant 1 and $15,000 paid by Defendant 2.)