ADM's Angelo Bongiorno, a partner at our Albertson location, settled a personal injury case on behalf of our clients.
While making a legal left turn from the middle lane, our client school bus driver collided with our co-defendants' vehicle on the left side, which was making a left turn from a left lane. The question remained who went into whose lane.
The plaintiff was a passenger on our client’s bus sitting on the right side of it. Plaintiff claims to have sustained the significant and numerous injuries to the knee, which required surgery, along with spinal issues including herniated discs. Her demand was $175,000.
This case settled for a total of $70,000. Our clients will pay $35,000 and our co-defendants will pay $35,000.
This was a big win for our client as the first time this case was on for trial, plaintiff's counsel a supplemental bill of particulars advising for the first time that the plaintiff had undergone cervical fusion (the demand was $750,000 at that time). We immediately moved to strike the bill of particulars. The judge granted our motion and precluded the cervical fusion injuries. Counsel for plaintiff then appealed the Order, which was affirmed by the Appellate Division, Second Department, precluding the cervical fusion. Thus, when this case was finally restored to the Trial calendar, the plaintiff had a knee surgery case with the demand reduced to $175,000.
Although counsel for the plaintiff had good liability as plaintiff was a passenger on our client's school bus, counsel agreed to settle for $70,000 when our co-defendant finally matched our offer of $35,000, which was made 7 months prior.
The outcome of this case may have saved our client up to $500,000.