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ARTICLE ID 195816

$________ – Motor Vehicle Negligence – Left turn collision – Defendant non-host driver makes left turn in path of defendant host driver – Aggravation of preexisting condition of meniscal tear sustained in collision approximately three years earlier – Need for knee replacement surgery.

Union County, NJ

Liability and damages were tried separately in this case, in which the female plaintiff passenger contended that the defendant non-host driver negligently made a left turn into the path of the host driver. The non-host maintained that the host negligently traveled too rapidly, and failed to make observations.

The plaintiff suffered a tear of the medial meniscus on the left in a collision approximately three years earlier, and had undergone prior arthroscopic surgery and that the subject accident occasioned a severe aggravation and dictated knee replacement surgery. The plaintiff maintained that despite the procedure, she will suffer permanent pain and difficulties ambulating. The plaintiff further contended that she sustained a lumbar herniation and bulges, as well as a cervical bulges. The plaintiff maintained that the disc injuries were confirmed by MRI.

The plaintiff also maintained that she suffered a labral tear to the dominant shoulder. The disc and shoulder injuries were treated by conservative care, including acupuncture, and the plaintiff asserted that she will suffer permanent symptoms. The defendant denied that the claimed injuries were caused by the collision, and instead, argues they all were a preexisting degenerative condition. The defendants pointed out that there was minimal property damage. The defendant’s orthopedists denied that the MRIs showed the claimed injuries.

The plaintiff pointed out that the defendant physicians acknowledged contusions to the knee and shoulder, and the plaintiff argued that this evidence underscored the plaintiff’s claims that significant force was involved, irrespective of the extent of the actual property damage.

The plaintiff made no future income claims.The liability jury assessed 90% liability against the non-host, and 10% against the host. The damages jury awarded $________.

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