Motor Vehicle

Case Type: Center Line
Case: No. 1891/00
Venue: Dutchess Supreme, NY
Date: 01-21-2002

PLAINTIFF(S)
Attorney: Elizabeth R. Baum; Rutberg & Associates, P.C.; Poughkeepsie, NY

DEFENDANT(S)
Insurer: AIG

Facts: The accident occurred at 2:55 PM on State Rte. 55 at its intersection with County Rte. 9 in Beekman. Defendant, driving a vehicle owned by defendant, was west bound behind the Long-Ryan vehicle, which was stopped to make a left turn. Plaintiff was driving eastbound. Defendant hit the rear of the Long-Ryan vehicle, then crossed over the double yellow line and struck plaintiffs car head-on. This structured settlement, with a present value of $250,000, was for a 46-year-old man, totally disabled from prior work-related injuries, who was injured in a car accident on 7/19/99.

Injury: Bulging lumbar discs at L2-3, L3-4, and L4-5 with neural foraminal encroachment at L4-5; radiculitis at L4-5; bilateral temporomandibular joint dysfunction; cervical strain; lumbar instability, and pseudoarthrosis at L5-S1. Plaintiff underwent a discectomy and fusion at L4-5, and the implantation of an electrical stimulator device. Defendants argued that plaintiff’s injuries were pre-existing. Plaintiff had undergone surgery before this accident for herniations at C4-5 and C5-6, and had pre-existing TMJ.

Verdict Information: Structured settlement details: lump sum payment of $20,476 and $132,310 structured, yielding $1,000 per month for a guaranteed 10 years, and then $520 per month for a guaranteed 10 years, beginning 3/1/12. The minimum guaranteed proceeds are $182,400, and projected proceeds are $373,410. The entire settlement was paid by Defendant and Defendant's Carrier: AIG.