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ARTICLE ID 191114

$________ – MOTOR VEHICLE NEGLIGENCE – AUTO/TRUCK COLLISION – LOADED TRACTOR-TRAILER STRIKES PLAINTIFF SLOWED FOR TRAFFIC, PUSHING PLAINTIFF INTO CAR IN FRONT – INABILITY OF PLAINTIFF TO CONTINUE WORKING IN FIELD – EMOTIONAL DISTRESS.

Burlington County, NJ

This action involved a plaintiff driver, in his early 40s, who contended that the defendant driver of a fully loaded tractor-trailer struck him in the rear as he was slowing for traffic, and propelled his car into the vehicle in front of him. The plaintiff maintained that he sustained a cervical herniation and three lumbar bulges and that the injuries have prevented him from continuing his career in metronics, in which he took measurements and performed calibrations, and which entailed crawling in confined spaces and significant lifting.

The plaintiff related that as he was slowing for traffic, he was struck in the rear by the defendant tractor-trailer driver and pushed into the car in front. The plaintiff maintained that he developed radiating lumbar pain and weakness shortly after the collision, and that a lumbar herniation and three lumbar bulges were confirmed by MRI. The plaintiff had been honorably discharged from the Air force 13 years earlier after having been trained and working in the field of metrology or the science of measurement. The plaintiff worked in this field between the time of the discharge and the collision, and has not worked since. The plaintiff related that his job duties required him to climb ladders, crawl through very small corridors and do a great deal of lifting. The average weight he would lift would be about 50 pounds.

The plaintiff was earning approximately $________ per year and contended that although he can perform alternative and more sedentary work; the potential pay is much less. The plaintiff also contended that he greatly loved the work, that his sense of self-esteem was significantly tied to this work, and the emotional toll of not being able to continue was extensive on both himself and his family, including his wife and four children. The plaintiff has undergone injections; surgery, which he has not decided to undergo as yet, has also been recommended.

The defendant denied that the plaintiff was as injured as claimed and contended that surveillance videos depicted an individual who did not seem to be in as much pain as when he was in physicians’ offices. The plaintiff countered that the taping did not depict him undergoing activities that he claimed he was unable to do. The plaintiff would have also argued that it was very doubtful that he would put his family through the emotional turbulence unless he was in such great pain. The plaintiff would have also introduced animations of the injection process.The case settled prior to trial for $________.

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