Williamsville Motor Vehicle Rear-End Collision Settles for $850,000

A motor vehicle negligence action originated from an August 30, 1999, rear-end collision on Main Street near Evans Street in Williamsville. The plaintiff contended the defendant struck her vehicle while distracted and attempting to fasten a seatbelt. The plaintiff claimed she sustained whiplash and herniated cervical discs, leading to cervical fusion surgery 18 months later, and continued to experience restricted motion and chronic pain. The court granted the plaintiff summary judgment on liability.

During the damages phase, the defendant argued the plaintiff created a sudden emergency by rear-ending a car in front. The defendant also contended the plaintiff's injuries were not severe, she recovered well, and her current symptoms resulted from a second rear-end collision 18 months after the surgery. The plaintiff presented MRI results and treating physician testimony indicating no serious injuries from the second accident. A vocational expert supported the plaintiff's claim for lost income from her part-time cleaning job, which involved heavy lifting and bending.

The jury awarded the plaintiff $914,000, including damages for past and future pain and suffering, past and future lost wages, and future medical expenses. The case subsequently settled post-verdict for $850,000, consistent with a high/low agreement of $850,000/$325,000 that the parties had entered before summations, which waived appeal rights.