Plaintiff, a 63-year-old male, was driving a motor vehicle stopped at a red light on Riverdale Avenue at/near the intersection of West 230th Street, Bronx, New York, when the defendant’s vehicle, operated by a car wash attendant, lost control and struck plaintiff’s vehicle.
Following the accident, the plaintiff went to the emergency room via ambulance and complained of neck and shoulder pain. Thereafter, the plaintiff began a course of physical therapy and conservative care. Plaintiff eventually underwent surgery on his neck and shoulder.
The defendant car wash operator claimed the vehicle was defective, and the engine ran, resulting in the driver losing control. The defendants claimed the plaintiff’s injuries were not caused by the collision and were degenerative in nature. They also claimed the plaintiff made a complete recovery and did not require any additional treatment.
Judd F. Kleeger, Partner, settled this matter prior to jury selection for $2,500,000.