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ARTICLE ID 191406

$________ TOTAL Motor Vehicle Negligence – Sideswipe Collision – Underlying defendant driver sideswipes plaintiff driver in right lane of GSP as cab enters parkway – Cervical herniation necessitating fusion surgery – Inability of psychological counselor to work – Difficulties of single parent of caring for child.

Essex County, NJ

This case involved a 37-year-old plaintiff driver who contended that the underlying defendant cab driver failed to yield as he was entering the GSP, striking her in the right lane. The cab driver had $________ in coverage. The plaintiff had a $________ UIM policy and $________ was remaining after the $________ payment from the taxi’s carrier.

The plaintiff contended that she suffered a cervical herniation in the collision and required fusion surgery. The defendant maintained that the injury may well have been related to a collision that occurred approximately two years earlier, following which the plaintiff brought suit that settled. The defense also pointed to relatively slight property damage. The defendant further contended that the plaintiff suffered from degenerative disc disease. The plaintiff countered that the plaintiff had resumed her prior active lifestyle after the prior accident and could not after the subject collision. The plaintiff also pointed out that there was no recommendation that surgery was indicated until after the subject collision occurred.

The plaintiff contended that despite the fusion surgery, she will permanently suffer some pain and extensive restriction. The plaintiff, who was employed as a psychological counselor, contended that she cannot sit for extended periods and will be permanently unable to work. The plaintiff would have made a wage loss claim of $________ to $________. The plaintiff is the single parent of young child and contended that her attempts to keep up with the child are very difficult.The case settled for the cab’s policy limits of $________ and the $________ that remained available from the UIM carrier.

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