Queens Auto Collision Negligence Settles for $875,000

In December 2016, a collision occurred in Long Island City, Queens, when a food cart operator's SUV was struck by another vehicle at an intersection. The plaintiff, driving westbound on 48th Avenue, claimed his vehicle was hit on the right side by the defendant's car, which was traveling on 36th Street. The plaintiff alleged the defendant ignored a stop sign governing entry to the intersection, while the plaintiff's path was not controlled by a traffic device. The plaintiff subsequently filed a lawsuit, alleging negligence by the defendant. A motion for summary judgment on liability was granted in favor of the plaintiff, and the case proceeded to address damages.

The plaintiff claimed to have suffered injuries to his back, neck, and shoulder, including aggravation of pre-existing degenerative spinal conditions, disc herniations, and multiple tears in his right shoulder. He underwent several surgeries, including arthroscopic shoulder surgery and two spinal procedures (microdiscectomy and a discectomy with other spinal interventions), in addition to approximately three years of conservative treatment. The plaintiff sought recovery for past and future medical expenses, past and future lost earnings, and damages for pain and suffering, asserting that his injuries resulted in residual pain, weakness, reduced range of motion, and an inability to perform his job duties.

The defense contended that the collision was minor and could not have caused the extensive injuries claimed by the plaintiff. A defense expert radiologist opined that post-accident scans did not show a herniated disc and suggested any confirmed injuries stemmed from a prior motor-vehicle accident in 2001. The parties ultimately reached a pretrial settlement totaling $875,000. The defendant's insurer tendered its primary policy limit of $500,000 and paid an additional $375,000 from an excess policy.