AUTO ACCIDENTS
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Car crash aggravated 20-year-old injury, plaintiff claimed
3/22/2011
Conrad H. Hummer and Dorothy Hummer v. Margarita Reyes, No. 40679/08
Verdict: $100,000
Court: Suffolk Supreme
Judge: Denise F. Molina
Plaintiff Attorney(s):
Glenn Auletta, Gruenberg & Kelly, P.C., Ronkonkoma, NY
Defense Attorney(s):
Rose Woodrick, Robert P. Tusa, Hauppauge, NY
Facts & Allegations:
On July 18, 2008, plaintiff Conrad Hummer, 71, a retiree, was driving westbound on Pulaski Road, in East Northport. While he was stopped at a red light at the intersection of Third Street, his vehicle was rear-ended by a vehicle operated by Margarita Reyes. Hummer claimed that he sustained an injury of his back.
Hummer sued Reyes. He alleged that Reyes was negligent in the operation of her vehicle.
Hummer contended that Reyes was inattentive while approaching the intersection and failed to slow and stop her vehicle on time. Liability was decided via summary judgment. The matter proceeded to a summary jury trial that addressed damages.
Injuries/Damages:
aggravation of pre-existing condition; decreased range of motion; herniated disc at L4-5; physical therapy
Hummer claimed that he treated with his primary care physician two days after the accident. He contended that the accident aggravated a 20-year-old disc herniation at L4-5.
Hummer underwent physical therapy, which he had still been receiving through his workers’ compensation claim from when the injury was originally sustained. He argued that the car accident worsened his pain symptoms, as well as the range of motion on his lower back. Hummer claimed that he was able to play basketball and swim before the accident, but that he is now restricted from such activities.
Hummer asked the jury for $200,000 in damages for past and future pain and suffering. Hummer’s wife initially presented a derivative claim, but her claim was not pursued.
Defense counsel contended that Mr. Hummer suffered extensive degeneration in his lower back, prior to the accident in question. She claimed that he was already actively treating for his lower back and that his prior workers’ compensation injury and old age were the reasons for his worsening condition.
Result:
The jury found that Hummer’s damages totaled $100,000.