In September of 2013, a 30 year old male, who was also a vigorous sports and gym enthusiast, was involved in a rear-end collision while his vehicle was stopped on Canal Street.
The Plaintiff claimed that he injured his neck and body when it lurched back and forth as a result of the impact. After the accident, the Plaintiff underwent anterior discectomy surgery and fusion to his neck. This type of procedure involves the removal of herniated disc(s) from the neck and the insertion of an implant or bone graft in the neck in the area of the removed discs to provide the patient with stability. The Plaintiff had the surgery on his neck performed after conservative treatment failed to alleviate his pain and complaints. The Plaintiff claimed that as a result of his accident he is unable to resume his previous quality of life.
The driver of the second vehicle admitted to fully liability of the accident prior to trial.
At trial, the Defendant’s attorney claimed that the surgery was not the result of the car accident because it was a light, low-speed impact. The Defendant’s attorney claimed that the problems with the Plaintiff’s neck were due to degeneration of the Plaintiff’s neck directly related to his intense physical workout regimen.
A Brooklyn jury deliberated for two days before finding that the Plaintiff had sustained a significant, if not permanent, limitation as a result of the rear-end collision. The jury awarded the Plaintiff an award in the amount of $572,000 for past and future pain and suffering and medical expenses.