$75,000 Award for Motor Vehicle AccidentOctober 1, 2017
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, PC in Denville, NJ, announces a $75,000 settlement for a motor vehicle accident.
In July 2015, Plaintiff was in the course of employment as a Patrolman. He was parked in the left lane of with his emergency lights activated. He exited his vehicle to gather property found along the highway. At that time, there were no other vehicles on the roadway. While gathering the items, he observed a vehicle operated by Defendant approaching him at a high rate of speed. In order to avoid collision, Plaintiff jumped out of the vehicle’s way, causing him to serious injuries to his left knee in the process. The vehicle ultimately impacted Plaintiff’s patrol car. Defendant further admitted that he impacted Plaintiff’s stopped vehicle after attempting to squeeze between Plaintiff’s door and the concrete median. Subsequent investigation revealed that Defendant was driving with a blood alcohol level of 0.12% and was summonsed as a result.
Following the accident, Plaintiff was transported to the hospital where he complained of severe pain to his left knee. Two days later, he presented to orthopedist, and was instructed to follow-up in two weeks. In August Plaintiff underwent an MRI of the left knee which revealed a horizontal and flap type tear of the posterior horn of the medial meniscus extending to the inferior articular surface and decompressing into a posterior 7 mm x 5.5 mm meniscal cyst; grade 1 to 2 sprain of the ACL with fluid deep to the MCL; and proximal patellar tendinosis with fluid in the prepatellar bursa. Plaintiff went for another follow-up evaluation wherein he advised his orthopedist that the pain in his left knee was intolerable and he was experiencing difficulty with walking, bending, squatting and kneeling. Based on his subjective complaints and upon review of the left knee MRI results, he was recommended surgical intervention.
As a result of his objective findings and subjective complaints Plaintiff ultimately underwent arthroscopy of the left knee; partial medial and lateral meniscectomies; abrasion arthroplasty of the medial femoral condyle; and chondroplasty of the patella and lateral tibial plateau. Following the surgery he underwent physical therapy. After undergoing some physical therapy, he had some tenderness and a limited range of motion of his left knee. As such, he underwent a cortisone injection in his left knee and was recommended additional physical therapy.
The case settled for $75,000.00, prior to the scheduling of a trial.