A gourmet chef was injured as a passenger when the vehicle she was riding in was struck by a truck. The victim was an occupant of a vehicle that was parked alongside a curb of Jamaica Avenue, near 135th Street, in Queens. The vehicle’s owner also occupied the vehicle. As the driver drove away from the curb and entered traffic, the vehicle collided with a truck.
As a result of the impact, the victim sustained spinal injuries that led to epidural injections and ultimately a laminectomy, a procedure to relieve pressure in the spine due to a herniated disk. The case was particularly difficult because our client had two prior accidents, both pursued legally, with one resulting in a back injury in the same area that our client ultimately underwent the laminectomy.
The defense contended that the victim was driving the vehicle (not the passenger) and that she turned into traffic from a parked position and initiated the collision. The police report supported the driver of the trucks accounts of the incident, but the owner of the vehicle that was sideswiped claims that the report contained inaccuracies that were a result of his limitations with the English language.
The victim claimed that she still suffers from residual pain and that she can not endure prolonged periods in which she is standing, and that she cannot lift heavy objects.
Our firm hired a pain management expert, who agreed that our client suffers from unresolved symptoms. As a result of the injuries, it prevents her resumption of her chef’s job.
The defense counsel downplayed the victims claim that she cannot resume her chef’s job, however through aggressive litigation Andre Levine, firm partner, was able to negotiate a recovery of $750,000 injury settlement on the eve of trial.
A portion of the sum was placed in a structured settlement thus the client’s ultimate recovery will near $1,000,000. This recovery was featured in the New York Jury Verdict Reporter as a top recovery.
Court: Bronx Supreme Court
Location: Queens, NY