Plaintiff, a 48-year-old union stagehand, was struck from behind by another vehicle while stopped at a red light at the intersection of East 57th Street and First Avenue in Manhattan (NYC). He suffered a herniated disc at C5-6, bursitis of the left shoulder, blurry vision, floating eye particles, and uncontrollable blinking as a result of the accident. The defendant’s vehicle was owned by a metal and marble company.
Plaintiff initially received three epidural injections and physical therapy in attempt to treat the herniated disc. When conservative treatment was found to be ineffective, he underwent a laminectomy and fusion surgery. He still receives physical therapy and pain management treatment.
The defendant argued that plaintiff’s injuries were the result of a pre-existing condition. Defendant further asserted that based on the limited amount of damage to the plaintiff’s car, the accident could not have caused such a severe injury. The case settled for $1,375,000 at mediation.