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$________ Motor Vehicle Negligence – Parking spot collision – Defendant driver strikes lift gate on back of truck that plaintiff is standing on as defendant pulls forward from parking space while talking on cell phone – Lumbar herniation – Surgery – Alleged inability to work..

Kings County, NY

The plaintiff, in his early 40s, contended that as he was standing on the lift gate, the defendant driver, who was pulling forward from a parking spot, negligently did so while talking on the cell phone and struck the vehicle, knocking him into the road. The accident also caused very significant damage to the plaintiff’s vehicle. The plaintiff was knocked to the ground and indicated in discovery that he did not think he was seriously injured and returned to work that day.

The plaintiff contended that he realized that the back pain was becoming more severe and visited the E.R. the following day. A large lumbar herniation was confirmed by MRI and after conservative care proved to be inadequate, he underwent a laminectomy. The plaintiff maintained that despite the surgery, he will permanently suffer extensive pain and weakness and will be unable to work.

The defendant maintained that any difficulties stemmed from degenerative disc disease only and the plaintiff countered that he had no prior symptoms or treatment.The case settled prior to trial for $________.

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