June 19, 2019

$4,720,827 – MTA Accident – Cervical and Lumbar Spine Injury

Julia Nunez v. MTA Bus Co.

Plaintiff, a 49-year-old unemployed female, was a passenger on an MTA Bus that struck a stationary object causing a collision. As a result of the impact, the plaintiff sustained injuries to her neck, back and left index finger. Plaintiff underwent an osteotomy and open reduction internal fixation to her left index finger seven weeks following the accident.

In addition, plaintiff underwent a percutaneous discectomy and decompression to her lumbar spine four years following the accident, as well as an anterior cervical discectomy and fusion six years following the accident. Plaintiff moved for partial judgment on liability and the motion was granted.

Defendants claimed that the plaintiff failed to mitigate her damages regarding her left index finger by not undergoing surgery immediately following the accident. Defendant claimed that plaintiff suffered from severe degenerative changes in her neck and back prior to the date of the accident, and as such, her neck and back conditions were pre-existing, degenerative in nature, and unrelated to her bus accident.

In addition, the defendant claimed that the plaintiff was diagnosed with a cervical disc bulge confirmed by MRI six months prior to the accident. Judd F. Kleeger, tried this matter to verdict in the Supreme Court, New York County. The jury awarded $3,609,743.20 for past and future pain and suffering, as well as future medical expenses. There was no claim for loss of earnings.

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