Fair Lawn Jury Awards $2 Million in Truck Rear-End Collision

In December 2019, the plaintiff, a preschool teacher, was driving in Fair Lawn when a commercial truck rear-ended her vehicle. The plaintiff subsequently sued the truck driver and his employer, alleging negligence in the vehicle's operation. Prior to trial, the employer's primary insurance policy was tendered, and the parties agreed to cap total damages at $2 million. The defense stipulated to liability, and the case proceeded to trial solely on the issues of causation and damages.

The plaintiff claimed neck and back injuries, including disc protrusions and a bulge, which required extensive treatment. This included chiropractic care, epidural injections, and ultimately a discectomy and fusion surgery. The plaintiff's expert in orthopedic surgery testified that the plaintiff suffered a permanent lumbar spine injury as a result of the accident, requiring future medical care. The plaintiff also described significant impacts on her daily life, household chores, and ability to engage in physical activities with her children, stating she moved to a warmer climate for comfort and turned down job opportunities due to pain from commutes. She sought to recover past and future medical costs, future lost wages, and pain and suffering damages. Her spouse also sought damages for loss of consortium.

The defense presented expert testimony from a radiologist and an orthopedic surgeon. The radiologist opined that the plaintiff's injuries and treatment were unrelated to the accident, asserting that imaging studies showed no evidence of traumatic injury. The orthopedic surgeon testified that the plaintiff did not suffer a permanent injury.

After a five-day trial, the jury found that the truck driver's negligence was a factual cause of the plaintiff's injury. The jury awarded the plaintiff $3,011,542, which was then reduced to $2 million in accordance with the parties' pre-trial agreement to cap damages.