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ARTICLE ID 189026

$________ Motor Vehicle Negligence – Auto/Pedestrian Collision – Plaintiff pedestrian standing in roadway next to bus shelter is struck by reversing bakery truck – Broad central herniation in cervical area – Left shoulder impingement – Arthroscopic shoulder surgery – Plaintiff resumes job working in pain.

Hudson County, NJ

The plaintiff, in her 30s, contended that as she was standing approximately two steps from the bus shelter, she was struck by the driver of a delivery truck who was traveling in reverse. The defendant contended that the plaintiff failed to make adequate observations and was comparatively negligent. The plaintiff related that she was looking in the other direction when the defendant backed into her.

The plaintiff contended that she sustained a central herniation in the cervical area that was confirmed by MRI. The plaintiff maintained that she experienced radiating pain and weakness. The EMG was negative and the defendant denied that the plaintiff’s claims should be accepted. The plaintiff’s radiologist contended that the EMG evaluated a nerve root and was not helpful in this case involving a central herniation in which disc material was impinging on the cord. The plaintiff maintained that she will suffer permanent symptoms from this injury.

The plaintiff further contended that she suffered impingement syndrome on the left, non-dominant side. The plaintiff maintained that the pain and limitations continued despite a number of injections and that she underwent arthroscopic shoulder surgery. The plaintiff maintained that the pain and difficulties will permanently be very significant despite the surgery. The defendant contended that since the plaintiff was able to resume working in a hair salon, it was evident that she made a very substantial improvement. The plaintiff, whose duties primarily involve hair washing, maintained that she works despite the pain because of economic necessity.The jury found the defendant ________% negligent and awarded $________.

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