$1,100,000 Settlement in Construction Zone Accident with Front-End Loader

Dennis Shlionsky, Partner in the Personal Injury Group, secured a $1.1 million settlement in a motor vehicle accident matter.

The plaintiff was struck by a front-end loader while traveling through a construction zone, sustaining injuries to his head, neck, and back. He initially underwent conservative care and ultimately required cervical spine surgery.

The defense argued the imaging showed only degenerative disc disease tied to the client’s construction background, not trauma, and attributed his condition to age-related changes. They also emphasized that the client was not working at the time and had consumed alcohol and marijuana prior to the incident.

Shlionsky retained a board-certified neurosurgeon who reviewed the post-accident MRI and found subacute signal characteristics within the herniations, consistent with residual hydration and edema, linking them to the 2024 collision rather than chronic degeneration. That opinion was corroborated by treating physicians, along with EMG-confirmed right L5 radiculopathy.

Shlionsky noted, “Just because someone has wear and tear doesn’t give a defendant a free pass. What mattered in this case was whether the crash turned a quiet condition into real pain and real injury. Here, the medical evidence made that clear.”