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The plaintiff, 51 years old at the time of the 2008 accident, contended that as she was crossing as a pedestrian in the crosswalk when the defendant driver, in the course of his employment for a vehicle leasing company, turned left from the opposite direction and negligently traveled into her. The plaintiff contended that she sustained injuries to both knees, has required a partial right knee replacement, and will probably need bilateral knee replacements in the future. The plaintiff's motion for Summary Judgment on liability was granted approximately three-and-one- half years before the settlement was reached.
The plaintiff maintained that she sustained a non-displaced fracture of her right knee's patella, a fracture of her left leg's tibial plateau, and a bruise of each knee. The evidence disclosed that during the eight months that followed the accident, she underwent a total of 39 sessions of physical therapy. She subsequently underwent administration of injections of painkilling lubricants. Each knee received four injections. The treatment was followed by about eight weeks of physical therapy. The plaintiff maintained that the pain and limitations continued and that slightly less than five years after the accident, she underwent the replacement of her right knee's patellofemoral component. During the ensuing three months, she underwent a total of 24 sessions of physical therapy.
The plaintiff was able to return to her job as a creative director for an ad agency. The plaintiff lives in brownstone in Jersey City with her husband. She contended that she must climb approximately 20 steps from the street to reach the building, and approximately 10 stairs to go from the lower portion to the upper portion of her home. She maintained that because of the knee injuries, doing so is very painful and difficult. The plaintiff alleged that she will ultimately require bilateral knee replacement surgery. The plaintiff maintained that because of the limited 10-15 year life expectancy of the prostheses, she is delaying undergoing the surgery for as long as possible. The plaintiff argued that future medical expense and life-care needs, including alterations to her home, will approximate $780,000.
The defendant maintained that the plaintiff, who had previously undergone physical therapy to each knee, probably suffered chondromalacia patella. The plaintiff countered that the defendant could not produce radiological studies to support that claim. She also maintained that any prior knee difficulties were relatively minor and that she had not required therapy for a significant period as of the time of the subject accident. The case settled prior to trial for $2,500,000.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source- Burton v. Alamo Financing LP and Montalvo, 32 NY. J.V.R.A. 12:C2, 1000 WL 284984 (Jan. 1, 2016).
