MOTOR VEHICLE REAR END HERNIATED CERVICAL DISCS WITH RADICULOPATHY

SETTLEMENT: Lionel R. v. Charles Brower and All Island Leasing 2809/90 Date of Settlement 6/15/93 Nassau Supreme.

Pltf. Atty: Mark T. Freeley of Daniel P. Buttafuoco & Associates, Mineola.

This case settled before trial for $150,000 for injuries to a 40-year- old delivery man whose vehicle was struck from behind by Deft.'s vehicle. The accident occurred on 5/4/87 at approximately 12:15 PM. Pltf. claimed that he stopped on South Ave. in Garden City to make a left turn. Both parties agreed that it was raining heavily at the time of the accident and that there were large puddles all over the road. Pltf. contended that he had come to a full stop and had his directional on when his vehicle was hit from behind and was propelled into oncoming traffic. Deft. Brower, driving a cube van owned by Deft. All Island, contended that Pltf. stopped short. He also claimed that he was unable to stop the van on the wet road surface due to his wet brakes. Deft. also admitted that water splashed across his windshield and blurred his vision when he drove through a puddle.

Injuries: herniated discs at C3-4, C5- 6, and L4-5, with radiculopathy. The herniations were confirmed by MRI and the radiculopathy was confirmed by EMG. Pltf. missed 2 years from work. He was treated by an orthopedist from 1987 through 1990. Pltf. claimed that he experiences daily pain. Carrier: Liberty Mutual.