On January 18, 2011, Plaintiff, a 21 year old male, was lawfully stopped at a red light at the intersection of Bartow Ave and Co-Op City Boulevard, Bronx, New York. The defendant rear ended the plaintiff’s vehicle, which resulted in a violent collision. The plaintiff was taken by EMS to the hospital, where he complained of neck and back pain and released. He them came under the care of an orthopedic specialist where he received conservative treatment, including physical therapy, pain medications, and injections. His physical examination showed significant
restrictions in all planes and difficulty with daily tasks of living. MRI’s of the cervical spine showed a bulge at C3- C4, and in the back, a bulge at L4-Lf and a herniation at L5-S1, indenting the epidural flat.
The defendant argued that the disc changes were normal, not traumatic, she denied that the plaintiff suffered a “serious injury” under the law, and offered to resolve the matter $10,000. The plaintiff rejected the offer and the jury returned a verdict of $600.000. $200,00 for pain and suffering while $400,000, was for future pain and suffering and $5,477.13, in reimbursed medical expenses.
