Wingate, Russotti, Shapiro & Halperin, LLP settled a case for $2,000,000.00. The plaintiff, a 39-year-old mother of four, was injured when the car she was driving was struck by a bus. She sought treatment at a medical clinic the following day, and her doctors ordered an MRI of her back and neck. The MRI of her cervical spine revealed that she suffered a herniated disc.
The defendants argued that the impact to the plaintiff’s vehicle was minor and did not cause the injury to her neck, which required surgical repair. The defendants contended that if the plaintiff had suffered a serious injury, she would not have been able to drive her car home, and would have required immediate care and treatment at a hospital. A radiologist hired by the defense to review the plaintiff’s MRI conceded that the MRI did in fact show the plaintiff suffered a herniation of the cervical spine as a result of being struck by the defendant's bus.
The plaintiff's treating physicians countered the defense expert's opinion that the plaintiff did not suffer a serious injury by demonstrating that the operation revealed a large herniated disc that was impinging her spinal cord.
WRSH attorney Joseph Stoduto's motion for summary judgment under Labor Law 240(1) was granted against defendant owner Logan Bus Company.