An illegal immigrant was recently awarded $135,000 by a Dutchess County, NY jury in a motor vehicle accident case. The plaintiff claimed he was struck from behind by a vehicle driven by the defendant. He allegedly sustained serious neck injuries including post-traumatic cervical myelo-radiculopathy, herniated nucleus pulposi from C3/4 to C5/6, and nerve root compression, as a result of the accident. The defendant driver contended that the plaintiff’s injuries were the result of a prior accident. Summary judgment was granted in the plaintiff’s favor on the issue of liability and the trial proceeded on the issue of damages only.
Plaintiff’s neurosurgeon performed a decompressive laminotomy/facetectomy at C3/4, C4/5, and C5/6 and full laminectomy at C4 and C5. The treating neurosurgeon also provided testimony that the plaintiff’s injuries were related to this accident, and not a prior condition. The jury awarded the plaintiff $135,000.