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ARTICLE ID 191400

$________ Motor Vehicle Negligence – Head-on Collision – On-coming driver of automobile crosses over and strikes dump truck in side as plaintiff attempting evasive action – Force of impact causes dump truck to tip over – Defendant driver killed in collision – Exacerbation of PTSD – Impingement syndrome to non-dominant shoulder – Plaintiff landscaper misses two weeks from work – Damages only.

Monmouth County, NJ

Liability was stipulated in this case in which the plaintiff dump truck driver contended that the defendant automobile driver, who was traveling in the opposite direction, negligently crossed over the center line, striking the side of the plaintiff’s vehicle as he was attempting to take evasive action. The plaintiff maintained that the car struck his truck in the side with such force that it tipped over. The defendant driver died at the scene and the plaintiff contended that his observations of the death significantly contributed to post-traumatic stress disorder that has continued to cause anxiety and depression, nightmares, and flashbacks of the event.

The plaintiff’s treating psychologist related that the plaintiff underwent approximately four years of psychotherapy. The psychologist testified that the plaintiff plateaued in his recovery, and that he will permanently suffer symptoms from the disorder. The plaintiff also maintained that he suffered impingement syndrome to the left, non-dominant shoulder which was treated conservatively. The plaintiff’s orthopedic surgeon contended that the plaintiff will permanently suffer pain and some restriction.

The verbal threshold applied in this case in which the defendant was driving a passenger car and in which the plaintiff had opted for the verbal threshold for his personal vehicle. The defendant denied that the plaintiff sustained a permanent injury or that he met the verbal threshold.

The plaintiff missed approximately two weeks from his landscaping job. The plaintiff contended that he continues to work out of economic necessity.The defendant had a $________ policy. The jury found that the plaintiff had suffered permanent injury and awarded $________. Stipulated medical bills were added.

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