New York: Car traveling 5 mph sideswiped plaintiff's vehicle, causing injury to knee requiring five surgeries
By: Counsel Financial
In this personal injury action, plaintiff was stopped in traffic when the left side of her vehicle was swiped by a passing van. Plaintiff sued the driver and the vehicle's owner, who was the driver's employer. Plaintiff alleged that she sustained a knee injury and subsequently underwent five knee surgeries. Furthermore, plaintiff's expert internist opined that because of the injury she had an increased risk of developing a pulmonary embolism. Defense counsel noted that the driver of the van was traveling 5 mph, and suggested that the plaintiff's injury predated the vehicle accident. Sidebar: Liability was determined on summary judgment, and the trial was on damages only. There were four weeks of trial before the parties settled.
SETTLEMENT: $5 million. (Defendant's primary insurer tendered the policy of $1 million and the excess insurer contributed $4 million.)
Kimberly Benson v. World Wrestling Federation Entertainment, Inc. and Matthew T. Yackereen, (Kings County, New York, Case no. 13451/08).
