Congratulations to Ivan Rodriguez for obtaining a $760,000.00 jury verdict for a 63-year old livery taxi driver who was involved in a rear-end collision and sustained injuries to his lower back and knee.
The defendant who rear-ended the plaintiff claimed that the impact was moderate. The defendant driver also claimed that the plaintiff was not really injured because immediately after the accident he exited his vehicle and removed several pieces of heavy luggage from the trunk for his passengers. She also claimed that the plaintiff picked up the plastic cover of from his rear-bumper and tied it to the vehicle. The defendant’s insurance company only agreed to pay for the damages to the vehicle and refused to offer any money for the plaintiff’s injuries. Right before the trial the defendant’s insurance company offered $50,000.00 to settle the case. We refused the offer and proceeded with the trial.
In an effort to show that the plaintiff didn’t sustain any injuries, the defense attorneys hired numerous experts including an accident reconstructionist, a biomechanical engineer, a radiologist and an orthopedic surgeon. The accident reconstructionist and biomechanical engineer worked together to prepare extensive reports arguing that the impact was not severe enough to cause the back and knee injuries the plaintiff claimed to have sustained.
The defendant’s radiologist reviewed the plaintiff’s MRI films and claimed that there were no accident/trauma related injuries and that the plaintiff was suffering from arthritis and other age-related degenerative conditions that existed for years before the accident.
The defendant’s orthopedist examined the plaintiff prior to the trial and claimed that the plaintiff had no symptoms or limitations as a result of the accident. The orthopedist also claimed that the plaintiff had arthritis and age-related degenerative conditions that existed for years before the accident.
At trial we were able to demonstrate that the calculations and conclusions of the accident reconstructionist and biomechanical engineer were flawed and that the impact was severe enough to have caused the lower back and knee injury that our client sustained. In addition, the orthopedic expert and pain management expert we hired for the trial testified and opined that the plaintiff’s injuries were caused by the accident. After the 10 day trial the Brooklyn jury found in our favor awarded our client a total of $760,000.00 for his injuries.