$1,500,000 Settlement
Motor vehicle accident
Motor vehicle accident
Supreme Court
State of New York, Westchester County
Settlement
$1,500,000
Jonathan S. Wachlarz, Esq.
Shulman & Hill
The Case
The plaintiff, a 45-year-old union school bus driver, was operating a school bus transporting wheelchair-bound children when the defendants' vehicle violently struck her bus in the rear. The collision caused significant property damage to both vehicles. She was taken to the hospital from the scene complaining of head and low back pain, and shortly thereafter began treatment for injuries to her neck, back, shoulders, and extremities. She ultimately underwent multiple surgeries along with an extended course of injections and pain management.
The Challenge
The case was venued in Westchester County, a historically conservative venue where jury awards tend to run well below those in the New York City boroughs. Beyond venue, the case presented serious causation and credibility hurdles. The plaintiff had been treating for low back complaints up until roughly one week before the accident. Defendants had also filed a threshold motion to dismiss under New York's serious injury statute, and made no offer prior to the mediation, which the defense itself requested. The case additionally involved a workers' compensation lien of nearly $250,000.
The Result
Plaintiff was awarded summary judgment on liability, and the dramatic property damage underscored the force of the impact. The $1,500,000 settlement reflects counsel's ability to secure a substantial recovery despite significant preexisting-treatment defense that could have severely undermined the damages case at trial.
Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.