Plaintiff, Struck by Garbage Truck Which Attempted Right Turn from Left Lane - Summary Judgement Granted Prior to Trial

Kenneth J. Halperin recently obtained a $1,100,000 settlement for a sixty three (63) year old man who was operating his livery cab when he was struck by a garbage truck that attempted to make a right turn from the left lane and broadsided his vehicle. At the conclusion of discovery we were awarded summary judgment by the Court, who determined that the defendant was liable for the happening of the accident without the necessity for a jury trial. A trial was scheduled on the issue of damages only.

Approximately one month prior to trial a mediation was held and after extensive negotiations the defendants offered $750,000 to settle the case, which we rejected. After the mediation negotiations continued and the case was ultimately settled for $1,100,000.

As a result of the accident, our client sustained a herniated disc in his lumbar spine which required surgery and a torn rotator cuff that required two arthroscopic procedures. The defendant's medical doctors argued that the plaintiff's conditions pre-existed the accident and were caused by his long career as a livery cab driver. We countered this argument and obtained this excellent result by establishing that he had no prior injuries or accidents and that he was not treating with any doctors for any shoulder or back related conditions prior to the accident.

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