$250,000 Settlement for Rear End CollisionAugust 1, 2015
Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announces a $250,000 settlement for a rear end collision.
On Monday, July 15, 2013 at approximately 7:00 am, the plaintiff was traveling eastbound on Prospect Point Road while attempting to make a right turn onto Oakwood Road in Jefferson Township, New Jersey. At the same time, a commercial vehicle owned and operated by the defendant was traveling directly behind him. Oakwood Road is very narrow and because another vehicle was exiting Oakwood Road, the plaintiff was forced to stop his vehicle in order to allow the vehicle to exit Oakwood Road, so that he could make a turn onto it. While the plaintiff was stopped, he was struck in the rear and propelled into the opposing lane of traffic, striking the vehicle that was stopped at the northbound stop sign on Oakwood Road at its intersection with Prospect Point Road.
After conservative care failed to relieve his neck pain, the plaintiff underwent two (2) level anterior cervical discectomy and interbody fusion at C4-5 and C5-6 with the insertion of six (6) screws and a locking plate.
The case proceeded to trial because the defense had offered $125,000 prior to trial, which was an insufficient settlement amount. The case proceeded before a jury for three (3) days. After the operating physician testified before the jury, the defense settled the case, during trial, for $250,000.