Brett R. Greiner represented a 58-year-old man whose vehicle was struck when the defendant failed to stop at a stop sign, recovering more than ten times the amount of the settlement offer despite the defense's claim of prior injury (Polinski vs. Laragione. Docket no. MID-L-1943-12; Judge Douglas Wolfson, 04-08-14).
EDISON, N.J. (PRWEB) April 24, 2014
Brett R. Greiner, attorney for auto accident law firm Levinson Axelrod, recently obtained a jury verdict of $250,000 for a 58-year-old man who suffered lumbar herniation after being struck by a driver who failed to stop at a stop sign. (Polinski vs. Laragione. Docket no. MID-L-1943-12; Judge Douglas Wolfson, 04-08-14)
Liability was stipulated in this case in which the plaintiff driver contended that the defendant driver negligently failed to stop, which resulted in the collision. The plaintiff maintained that he suffered a lumbar herniation, which was confirmed by MRI.
According to court documents, Greiner contended that the jury should consider the pain and suffering a herniated lumbar disc will cause the plaintiff for the remainder of his life during deliberation.
Court records show that the defense cited evidence of degenerative disc disease in the plaintiff's MRI and argued that no definitive evidence of a traumatic injury from the crash was present. The defense also claimed the plaintiff had visited the emergency room for a back injury several years prior to the accident, and provided supporting documentation from hospital records.
The plaintiff did not recall the prior accident or prior complaints because they did not require any on-going treatment, court documents revealed. Despite the defense's argument, a jury awarded the plaintiff $250,000 in damages. The defense's earlier settlement offer of $20,000 was rejected by the plaintiff, according to court documents.