$761,500 Verdict For Truck Collision

45 year old male, rear ended at a traffic light just off the New Jersey Turnpike in Elizabeth, NJ by a tractor trailer.  Plaintiff had undergone a lumbar fusion approximately 15 years earlier but claims to have been completed asymptomatic up until the time of the collision.  Plaintiff had undergone a cervical fusion 4 months prior to the collision and had just been cleared to return to work on a part-time basis.  Plaintiff claimed injury to his low back and an aggravation to his neck though x-rays taken at the hospital confirmed that there was no change in the placement of the hardware.

Approximately 10 months after the accident, the Plaintiff underwent a thoracic MRI that revealed a healed T-11 fracture that was classified as being of indeterminate age.  Shortly thereafter, Plaintiff was diagnosed with an arteriovenous fistula in the area adjacent to the location of the T-11 fracture.  Plaintiff’s treating orthopedic surgeon sent him to see an endovascular neurosurgeon who opined that the fracture was sustained in the accident and that in the healing process the AV fistula developed.  Plaintiff underwent an angiogram to conclusively diagnose the fistula, an embolization procedure to repair the fistula, and a subsequent angiogram to confirm that the repair was successful.  In addition, he underwent several epidural injections into his neck and low back.  The defense stipulated to liability at trial but claimed that there was minimal damage to the rear of the Plaintiff’s vehicle and that such an impact could never have caused anything more than sprains and strains.  The highest offer made by the defense prior to Trial was $400,000.00 and after 5 days of Trial in the Middlesex County Superior Court, John Molinari secured a verdict of $761,500.00.  With pre-judgment interest, it brought the verdict to over $800,000.00.