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ARTICLE ID 202024

$________ – MOTOR VEHICLE NEGLIGENCE – AUTO/MOTORCYCLE COLLISION - DEFENDANT DRIVER MAKES LEFT TURN FROM STOP SIGN INTO PATH OF PLAINTIFF MOTORCYCLIST – SEVERE LEG FRACTURES – OSTEOMYELITIS – NEED FOR GUILLOTINE TYPE BELOW-THE-KNEE AMPUTATION – DIFFICULTIES PLACING AND REMOVING PROSTHESIS – RIGHT ROTATOR CUFF TEAR – INABILITY TO CONTINUE CAREER AS HVAC FOREMAN.

Somerset County, NJ

The 55-year-old plaintiff motorcyclist contended that the defendant automobile driver negligently failed to yield before turning left from a stop sign, causing a collision. The plaintiff maintained that as a result, he suffered severe leg fractures and underwent multiple surgeries in an attempt to save the leg. The plaintiff’s proofs would have reflected that the complications included osteomyelitis and that he ultimately underwent a "Guillotine" type below-the-knee amputation in which the wound was left partially open. The plaintiff’s proofs reflected that the stump protrudes 3-4 inches from the bottom of his knee so that a prosthetic device can be attached. The defendant made a general denial of liability.

The evidence reflected that the plaintiff suffered compound, comminuted, and displaced fractures of his right tibia and fibula as a result of the collision which ultimately required that he undergo a "Guillotine" amputation. Following the amputation itself, the plaintiff required numerous surgical procedures to the remaining portions of the bone including application of an external fixator, the subsequent removal of the external fixator, which was followed by an open reduction and internal fixation. The plaintiff also underwent numerous procedures for wound care including surgical skin grafting over the stump. The plaintiff claimed that he also suffered psychological issues including depression and anxiety as well as phantom pain, difficulties with sleeping and frequent night sweats. The plaintiff related that putting on and taking off his prosthesis as well as caring for the device is very tedious, and the plaintiff would have introduced a day-in-the-life video showing such difficulties. The plaintiff’s demonstrative evidence would have also included photographs of the severe fractures taken shortly after the accident occurred.

The evidence reflected that the plaintiff had emigrated to the U.S. from Poland in ________. The plaintiff is married and has three adult children. Prior to the subject collision, the plaintiff had worked as an HVAC foreman and was earning approximately $________ per year. The plaintiff claimed that he will be permanently unable to work in any physical capacity as a result of his injuries. The plaintiff would have also presented evidence of substantial future medical and prosthetic costs.The defendant had $________ in primary coverage and a $________ umbrella policy. The case settled prior to trial for $________.

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