$800,000 Union County, NJ Van Accident Lawsuit Settlement

  • Dan T. Matrafajlo
  • Thu Feb 2021
  • 0

Union County, NJ

Van driver struck in rear by box truck driver.

$800,000 recovery

  • The plaintiff minivan driver in her mid- 50s contended that the defendant driver of a box truck struck her in the rear.
  • The plaintiff contended that she suffered herniations at C5-6 and C6-7 that was confirmed by MRI. The plaintiff asserted that she will suffer permanent symptoms despite conservative care.
  • The plaintiff also suffered a patella fracture that was treated?
  • The plaintiff contended that over the next six months, the pain and difficulties with her knee increased and that approximately six months later, a tear of the medial meniscus, which was treated arthroscopically, was diagnosed. The plaintiff asserted that she will suffer permanent pain and limitations.
  • The plaintiff, who does not work outside of the home, contended that she has been forced to hire outside help around the home.
  • The defendant maintained that the herniation was caused by the natural progression of degenerative disc disease and denied that the plaintiff suffered a tear of the medial meniscus.
  • The plaintiff countered that she had no prior relevant treatment.

The defendant had $1,000,000 in coverage. The case settled prior to trial for $800,000.

DOCKET NO.: UNN –L- 3084 -19

The plaintiff minivan driver in her early- 50s contended that the defendant driver of a box truck struck her in the rear. The plaintiff and defendant drove away from the scene of the accident in their respective vehicles. In addition, the plaintiff denied the need for any medical treatment.

Subsequently the plaintiff did obtain medical treatment that revealed:

  • A C5-6 diffuse disc bulge and C6-7 small broad based central disc herniation causing compression of the ventral aspect of the thecal sac
  • Chondral fracture of the patella that did not require any medical treatment or casting.
  • Left knee arthroscopy
    * Partial medial meniscectomy
    * Limited synovectomy
    * Subchondroplasty of the lateral femoral condyle

Injuries included: Cervical herniations, Knee fracture, Meniscal tear.

My initial pre-suit demand was 250k made in November of 2018, which was denied by the carrier. In response suit was filed, and during the lawsuit the demand was increased to 1 million, even though the plaintiff did not obtain any additional medical treatment. it turned out the box truck, and the contents within the box truck increased its weight to trigger the protections and requirements set forth in the Federal Motor Carrier Safety Regulations. I filed a Motion to Amend the Complaint seeking a Count for Punitive Damages, and prior to the ruling on my Motion we settled the case for 800k.

REFERENCE

Guerra vs. Gajewski., 01-28-21.

Attorney for plaintiff : Dan T. Matrafajlo of Beninato & Matrafajlo in Elizabeth, NJ.

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