New York: Car traveling 5 mph sideswiped plaintiff's vehicle, causing injury to knee requiring five surgeries

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).