MOTOR VEHICLE NEGLIGENCE. Intersection Collision. $______ RECOVERY

• Pages: 14-14

Intersection Collision

$900,000 RECOVERY

Motor vehicle negligence – Intersection collision –

Failure of pick-up truck driver, in course of

employment for road service company, to stop at

stop sign – Multiple lumbar and cervical

herniations with impingement on spinal cord –

Lumbar and cervical surgery – No income claims.

Middlesex County, NJ

In this action for motor vehicle negligence, the

plaintiff driver, in her 40s, contended that the

defendant driver of pickup truck, who was in the

course of his employment for a road service

company, failed to stop at a stop sign, striking her

on the driver’s side casing her to sustain injuries.

The vehicle suffered very significant property

damage. The defendant would have argued that

the plaintiff made a better recovery than claimed.

The plaintiff asserted that she developed severe radi-

ating cervical and lumbar pain after the accident.

The plaintiff’s neurosurgeon would have testified that

the plaintiff’s claims were supported by both MRIs and

EMGs. The plaintiff maintained that she will suffer very

significant symptoms despite both a cervical and

lumbar discectomy.

The plaintiff made no income claims.

The case settled prior to trial for $900,000.

REFERENCE

Plaintiff’s neurosurgeon expert: Wael Elkholy, M.D.

from North, NJ.

May vs. Puleios Service. Docket no. MID-L-2197-20,

06-21.

Attorneys for plaintiff: Leeor Jerushalmy and Eugene

S. Wishnic of Wishnic & Jerushalmy in New

Brunswick, NJ.

$290,000 RECOVERY

Motor vehicle negligence – Intersection collision –

Inebriated driver fails to stop at red light, causing

accident – Lumbar spondylolisthesis and lumbar

herniation – Thoracic, lumbar and cervical

herniations and bulges – Lumbar and cervical

surgery – UIM case.

Hudson County, NJ

In this action for motor vehicle negligence, the

plaintiff driver, in his late 60s, contended that the

defendant driver was inebriated and failed to stop

at a red light, striking him. The plaintiff asserted

that he suffered cervical, thoracic and lumbar

herniations and bulges.

The evidence would have reflected that the plaintiff

underwent medial branch injections and radiofre-

quency ablations in both the lumbar and cervical ar-

eas. The plaintiff contended that he suffered

temporary improvement only and required both lum-

bar and cervical surgery. The plaintiff maintained that

the lumbar surgery entailed 6 screws and 2 rods and

left a permanent 5-inch scar. The plaintiff’s expert

neurosurgeon contended that the plaintiff will suffer

permanent pain and limitations.

The plaintiff made no income claims.

The defendant had $15,000 in coverage. The plaintiff

had $300,000 in UIM protection and $285,000 was

available.

The case settled prior to trial for $290,000, including

$15,000 from the defendant driver and $275,000

from the UIM carrier.

REFERENCE

Plaintiff’s neurosurgeon expert: John Cifelli, M.D.

from Clifton, NJ.

Rossi vs. Velasquez-Vela, et al. Docket no. HUD-L-737-

21, 03-24-22.

Attorney for plaintiff: Christopher L. Musmanno of

Einhorn Barbarito Frost & Botwinick, PC in Denville,

NJ.

UNDISCLOSED RECOVERY

Motor vehicle negligence – Intersection collision –

Disc bulges and herniations – Treated

conservatively with chiropractic care – Arbitrator

assigns 100% liability to defendant with damages

of $15,000.

Essex County, NJ

In this motor vehicle negligence case, the plaintiff,

a 48-year-old produce department worker at a

grocery store, asserted that the defendant driver

struck the vehicle in which he was a passenger, in

an intersection, with such force that it caused

significant, permanent injury. The defendant

driver of the vehicle in which the plaintiff was a

passenger was dismissed early in the case

proceedings. The remaining defendant, driver of

the vehicle that struck the plaintiff’s vehicle,

denied liability and contested the plaintiff’s

damages.

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