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$________ BINDING ARBITRATION AWARD Motor Vehicle Negligence – Auto/Truck Collision – Underlying defendant minivan driver loses control and swerves into on-coming traffic, striking plaintiff dump truck driver at an angle – Dump truck begins burning, and strikes pole and tree – Bilateral ulnar neuropathy – Bilateral rotator cuff tears – Five surgeries – Cervical herniation – Plaintiff does not return to work – Damages only.

Camden County, NJ

Liability was stipulated in this case in which the underlying defendant driver of a minivan lost control and traveled into on-coming traffic where he struck the 53-year-old plaintiff dump truck driver at an angle. The underlying defendant driver had $________ in coverage, which was paid. The plaintiff, who was in the course of his employment, had $________ in UIM protection that was provided by his employer’s commercial policy. The commercial policy provided for binding arbitration and $________ remained available after the settlement with the underlying driver’s carrier.

The plaintiff contended that his dump truck began to burn on impact and that he lost control, striking a utility pole and then a tree. The plaintiff did not suffer burn injuries. The left-handed plaintiff contended that he sustained bilateral rotator cuff tears and required two arthroscopic surgeries on the left side and one to the right shoulder. The plaintiff also maintained that he suffered bilateral ulnar neuropathy and required nerve transposition surgery to both arms. The plaintiff contended that the injuries to the shoulders and the arms will cause permanent pain and weakness. The plaintiff further contended that he suffered a cervical herniation that was confirmed by MRI and which will cause permanent symptoms. There was no evidence that disc surgery is indicated.

The plaintiff maintained that he can no longer work in a physical capacity and that in view of this age, the evidence that he worked in such a capacity all of his adult life, and his continuing symptoms, it is highly doubtful that he would be able to obtain a more sedentary job. The plaintiff had earnings that approximated $________ per year. The defendant contended that the plaintiff’s difficulties stemmed from degenerative disc disease and years of physical work. The plaintiff countered that he had no prior symptoms or treatment.The arbitrators awarded $________ to the plaintiff and $________ to his wife.

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