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ARTICLE ID 192925

$________ Motor vehicle negligence – Sideswipe collision – Defendant pulls from parking space on street and strikes plaintiff in roadway – Disc bulges at L4-L5 and L5-S1, permanent injury.

Kings County, NY

In this motor vehicle negligence case, the plaintiff, a 37-year-old station agent for NYC Transit Authority, contended that the defendant negligently pulled out from a parking spot and struck the plaintiff’s vehicle causing injury to the plaintiff. The defendant argued that the plaintiff was comparatively negligent and that the plaintiff’s injuries were not causally related to the subject incident.

On the day in question, the plaintiff was proceeding straight along the roadway when the defendant pulled from a parking spot on the street. The plaintiff argued that the defendant failed to check that the roadway was clear and struck the plaintiff’s vehicle in a sideswipe collision. The plaintiff maintained that the defendant was obligated to ensure traffic was clear before pulling out. As a result of the subject collision, the plaintiff sustained L4-L5 and L5-S1 disc bulges.

The plaintiff underwent ten weeks of conservative treatment with physical therapy and chiropractic treatment. The plaintiff contended that he had a permanent injury. The plaintiff made no lost wages claim. At trial, the plaintiff presented a pain management specialist who testified that the plaintiff suffered internal disc derangement and he can expect to have ongoing pain and limitation that will get worse over time. The plaintiff’s expert stated that, given the plaintiff’s history and records, the injuries were caused by the subject collision.

The defendant argued that the plaintiff was comparatively negligent in speeding contributing to the collision. The defendant also asserted that the plaintiff was not injured and that, if he was, his injuries were not causally related to the subject collision. At trial, the defendant presented an expert orthopedist who testified that the plaintiff was not injured; that disc bulges are a part of the natural aging process and not causally related to any trauma. The defendant’s expert also opined that the plaintiff suffered no lost range of motion.The jury found the defendant negligent and awarded damages in the amount $________, comprised of $________ in past damages and $________ in future damages. The case is currently on appeal.

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