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ARTICLE ID 195539

$________ COMBINED CONFIDENTIAL – AUTO/PEDESTRIAN COLLISION – PLAINTIFF POSTAL WORKER WAS STRUCK BY DEFENDANT DRIVER – FORCE OF IMPACT PUSHED PLAINTIFF INTO OPEN DOOR OF POSTAL TRUCK – ROTATOR CUFF TEAR – ARTHROSCOPIC SURGERY – GASH TO LEG WHICH REQUIRED SUTURING AND BECAME INFECTED – BACK AND KNEE INJURIES – PLAINTIFF UNABLE TO RETURN TO WORK.

Withheld County, MA

In this motor vehicle negligence claim, the plaintiff, a postal carrier, alleged that the defendant driver was negligent in striking the plaintiff and causing him to incur injuries, which caused him to lose his job with the postal service. The defendant denied the allegations, and disputed that the plaintiff was unable to work.

The 44-year-old male plaintiff had been employed as a postal worker for 22 years. On December 9, ________, the plaintiff was standing outside of his postal truck, sorting mail, when he was struck by the defendant driver. The force of the impact caused the plaintiff to be pushed into the open door of the truck. The plaintiff suffered a gash to his leg, which required suturing, and later, that wound became infected. Within months of the incident, the plaintiff began to experience problems with his shoulder, and was diagnosed with a rotator cuff tear for which he underwent arthroscopic repair. He also suffered injuries to his back and knees. He was required to undergo a physical examination as part of his continued employment, and was determined by his employer’s doctor to be unable to work as a letter carrier, and ultimately lost his job. The plaintiff brought suit against the defendant driver alleging negligence and seeking damages for his injuries and lost of future income, which he estimated to be approximately $________. The plaintiff also brought a claim against the defendant’s insurance carrier for unfair settlement practices and consumer fraud in violation of Massachusetts law for its failure to timely resolve the plaintiff’s claim in good faith.

The defendant denied the allegations and disputed the nature and extent of the plaintiff’s injuries and damages. The defendant maintained that there was no causal relationship between the plaintiff’s injuries, other than the laceration to his leg and the collision. Further, the defendant disputed the plaintiff’s inability to work.

The matter was submitted to arbitration. The arbitrator on the personal injury claim found in favor of the plaintiff and awarded the sum of $________ in damages. The insurance bad faith claim was to be arbitrated separately, but the parties agreed to the sum of $________ to resolve that claim for a combined recovery of $________.

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