Recent settlements of note

Along with multiple other settlements, we settled two cases recently that were of particular interest. In one case, we were able to obtain $300,000 to settle a car accident case in Greene County, New York, where the plaintiff suffered an injury to his neck that eventually required surgery. This case was notable several reasons. First, the plaintiff's car never struck another car or other object. Instead, the plaintiff drove off of the roadway due to an oncoming car and went over a pile of construction material, causing the plaintiff to strike his head on the roof of his car. The plaintiff was able to continue working for approximately eight months, but then was unable to continue working. The case was also notable in that the plaintiff did not suffer any herniated disc or other trauma that was demonstrable through radiological testing. The plaintiff had significant pre-existing degenerative disc disease. Although an EMG test conducted on the plaintiff after the accident was negative for nerve damage, the plaintiff's treating neurosurgeon and pain management physician were of the opinion that the plaintiff suffered nerve damage in the initial trauma due to his significant pre-existing spinal stenosis. 

In another case in upstate New York, we obtained a significant settlement of for a young teenage boy who was shot in the eye by a friend with a pellet gun. The gun belonged to the boy who was shot, and the shooting took place at the boy's house. The defendants brought a counterclaim against the injured's boy's mother. We were able to obtain summary judgment on liability on behalf of the boy prior to trial, leading to the settlement of the case. If the case had gone to trial, there would have been issues regarding the defendant's counterclaim of negligent entrustment against the injured boy's mother.

 

Posted on November 25, 2015 .