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ARTICLE ID 192889

$________ AT CLOSE OF CASE – Motor Vehicle Negligence – Alleged police pursuit negligence – Alleged reckless driving by police officer with emergency signals activated – Left turning plaintiff driver – Plaintiff contends she suffers TBI, bilateral foot drop and internal derangement of knee necessitating arthroscopic surgery – Bilateral TMJ dysfunction necessitating surgery.

Bergen County, NJ

In this action, the female plaintiff driver, age in her late 40s, contended that the defendant police officer was speeding, resulting in a collision when the plaintiff turned left. An independent eyewitness had observed that the emergency signals of the patrol car, which was en route to an armed robbery scene, were activated and the plaintiff contended that even if this testimony was accurate, the officer was traveling at a high rate of speed and failed to make observations, recklessly causing the collision. The officer maintained that he was traveling at approximately 45 mph in the 35 mph zone and that the cause of the accident was the failure of the plaintiff to make better observations before turning.

The plaintiff contended that the impact was very substantial and that although she reported relatively mild symptoms at the emergency room, she began developing very significant neck and back pain, difficulties walking, knee pain and jaw pain over the next month or so. The plaintiff maintained that the trauma precipitated the development of neurological injuries and orthopedic deficits that included traumatic brain injury, bilateral foot drop, disc bulges and disc herniations, an internal derangement of the knee that necessitated surgery and bilateral TMJ dysfunction that prompted surgery as well, and which will permanently cause difficulties eating hard foods. The defendant denied that these conditions were related, pointing to the delay on symptoms. Prior to trial, the plaintiff demanded $2.5 million. The defendant was about to move for a dismissal at the close of the plaintiff’s case. Before any rulings were made, the case settled for $________, which was only slightly higher than the defendant’s pretrial offer.

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