Plaintiff, a 59-year-old male U.S. Post Office worker, was in the roadway directing traffic to assist a post office truck backing up into the bay when he was struck by the defendant’s motor vehicle causing him to fall to the ground. More specifically the defendant’s car ran over plaintiff’s left foot as he passed by and drove around plaintiff. Plaintiff was taken by ambulance to Beth Israel Medical Center complaining of left foot pain. Plaintiff was seen by an orthopedist one month after the accident complaining of left knee pain, and underwent arthroscopic surgery to his left knee approximately 1 1/2 years following the accident.
Following continued complaints and limitations, plaintiff underwent a left total knee replacement three years after the accident. In 2003, plaintiff underwent arthroscopic surgery to his left knee due to degenerative joint disease. However, plaintiff returned to work without restrictions. Defendant claimed that plaintiff stepped into the path of his vehicle and that he was not aware that plaintiff was assisting a post office truck.
Defendant also claimed that there was minimal contact to the plaintiff and plaintiff did not fall as a result of the incident. Defendant claimed that plaintiff’s knee condition and surgeries were unrelated to the accident, were degenerative in nature and pre-existed the date of the incident. Additionally, the defendant claimed that the plaintiff made an excellent recovery from his treatment and was able to return to work without any restrictions. Judd F. Kleeger, Partner, settled this matter while the case was on the trial calendar.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.