Verrazano Bridge Rear-End Collision Settles for $900,000

In 2010, a driver was involved in a rear-end collision while stopped in traffic on the Verrazano Bridge. The plaintiff, a 47-year-old immigrant, filed a personal injury lawsuit against the defendant, whose liability for the incident was stipulated. The plaintiff alleged the collision caused two lumbar bulges and a lumbar herniation, necessitating a percutaneous discectomy. The plaintiff sought compensation for permanent pain, weakness, and the potential need for future open surgery, with no claims for lost income.

Medical testimony from the plaintiff's treating physicians, specialists in physiatry and pain management, confirmed lumbar bulges and a herniation via MRI. They stated that conservative treatment failed, leading to the discectomy, and despite some improvement, the plaintiff would experience permanent symptoms and faced a risk of deterioration requiring future surgery. The defendant challenged the extent of the plaintiff's claims, suggesting that weight-related factors, not the collision, contributed significantly to future risks. The defendant also contended that the plaintiff's complaints might stem from injuries sustained in a 2003 motor vehicle accident. The plaintiff countered that he was asymptomatic and required no further treatment after approximately one year of conservative care following the earlier accident. Evidence also showed the plaintiff was diabetic.

A jury awarded the plaintiff $1,500,000, including $500,000 for past pain and suffering, $700,000 for future pain and suffering, $50,000 for past medical bills, and $250,000 for future medical bills. The defendant had $1,000,000 in insurance coverage. During the trial, the parties entered a high/low agreement of $200,000/$900,000, which capped the potential award. The case ultimately resolved for $900,000.