Rear-End Collision
Confidential Policy Limits Recovery Following Denial of Defendant’s Motion For Summary Judgment on Verbal Threshold
Rear-end collision – Plaintiff concedes that he was struck when defendant was traveling at less than 10 mph – Cervical herniation suffered by plaintiff previously undergoing cervical fusions at levels above and below area herniated in subject accident – Lumbar herniation allegedly caused by accident.
Somerset County
The plaintiff driver, in his early 30s, contended that his vehicle was struck in the rear by the defendant while stopped. The plaintiff conceded that the defendant was traveling less than 10 mph on impact. The evidence disclosed that approximately one and a half years earlier, the plaintiff underwent fusion surgeries at the C4,5 and C6,7 levels. The plaintiff’s orthopedist maintained that the prior surgery rendered the plaintiff particularly vulnerable to injury at the C5,6 level and that the accident caused a herniation at this level, necessitating a fusion at this level as well. The plaintiff, who works as a computer operator, was able to continue working but related that he must depend upon the assistance of co-workers when a monitor or other equipment has to be moved or replaced. The plaintiff also maintained that the subject accident caused a new herniation at L5-S1, which required a discectomy and will cause permanent symptoms as well.
The defendant denied that the plaintiff satisfied the verbal threshold and moved for Summary Judgment, arguing that the plaintiff could not establish that the accident had a significant impact on his life or that he suffered a significant permanent injury. The court denied the defense motion and the case then settled for the defendant’s Confidential policy limits.
Reference
Kopas vs. Rush. Docket no. Som L-133-03; 2-05. Attorney for plaintiff: Frank Gaudio of The Law Office of Miller & Gaudio PC in Red Bank.
