Plaintiff, a 35-year-old male, was operating his motor vehicle on Zerega Avenue at the intersection of the Cross Bronx Expressway in the right land and heading straight when a truck, traveling in the left lane in the same direction, suddenly and unexpectedly made a right turn in front of his vehicle and caused a collision. Plaintiff went to the emergency room the following day with complaints of neck and back pain, and began a course of physical therapy and conservative care. Plaintiff eventually underwent surgery to his neck, back and knee and was unable to return to work as a carpenter.
Defendants disputed the cause of the collision and argued that plaintiff was partially at fault for the happening of the accident. Defendants claimed plaintiff’s injuries were not caused by the collision and were in fact degenerative in nature. Defendants also claimed plaintiff made a complete recovery and was able to return to work without any restrictions or limitations. Judd F. Kleeger, Partner, settled this matter prior to jury selection for $3,800,000.