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ARTICLE ID 197448

$________ TOTAL – Motor Vehicle Negligence – Head-on collision – Defendant traveling in opposite direction from plaintiff strikes vehicle in rear, propelling it into oncoming traffic where it collides with cement truck – Injuries.

Morris County, NJ

The plaintiff cement truck driver, in his early 40s, contended that the defendant driver, who was traveling in the opposite direction, negligently struck a vehicle in front of him in the rear, propelling it into the plaintiff’s path, causing the accident. The underlying defendant had a $________ policy that was paid. He was covered by a $________ commercial UIM policy that was provided by his employer and $________ remained available after the payment by the underlying defendant. The terms of the commercial UIM policy called for the resolution through binding arbitration before three arbitrators.

The plaintiff maintained that he had a previously asymptomatic and undiagnosed condition of spondylolisthesis involving the sliding of lumbar vertebrae. He contended that the condition rendered him vulnerable to trauma, and that because of the superimposition of the collision on the underlying condition, he required an L5-S1 laminectomy and fusion with instrumentation. Although he had experienced a benefit from the surgery, he ultimately was diagnosed with a failed fusion. The plaintiff maintained that he will permanently suffer severe pain and weakness.

The plaintiff, who was earning approximately $________ per year, contended that he is permanently unemployable. The UIM carrier offered $________ before the arbitration. The arbitrators awarded $________ to the plaintiff and $________ to his wife, yielding a total recovery of $________

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