$550,000 RECOVERY for Bicyclist – Defendant automobile driver making left turn after stopping at stop sign – Collision occurs at night and plaintiff stresses bike well lit with strobe lights and reflectors – Pilon fracture – Medial malleolus fracture – Surgery – Shoulder separation – Arthroscopic surgery – No income claims.
Monmouth County, NJ – The 49-year-old plaintiff bicyclist contended that the defendant driver failed to make adequate observations when turning left at an intersection controlled by a stop sign, striking the plaintiff.
The accident occurred at approximately 10:30 PM. The defendant’s accident reconstruction expert maintained that the reflection of lights from an adjacent lake would tend to render the ability of the defendant to see more difficult. The plaintiff countered that his bike was equipped with strobe lights on both the front and back and reflectors on both wheels, arguing that the defendant’s position should clearly be rejected.
The defendant’s expert further contended that the plaintiff was riding in the middle of the lane, rather than as far as possible to the right as is required and that this factor contributed to the incident. The plaintiff would have maintained that the defendant should have seen him and avoid the accident.
The plaintiff plaintiff suffered a Grade 2 pilon fracture and a fracture of the medial malleolus. The plaintiff required surgery and the installation of hardware. The plaintiff maintained that he will suffer significant permanent pain and difficulties ambulating. The plaintiff contended that future arthritis is likely and that the plaintiff may well require an ankle fusion. The plaintiff also suffered a shoulder separation that was treated with arthroscopic surgery and which the plaintiff maintained will cause permanent symptoms.
The defendant countered that the shoulder was healing well from the surgery and that the plaintiff suffered another shoulder separation in an MVA that occurred approximately five weeks post-surgery, arguing that this injury was an independent intervening cause and accounted for any continuing shoulder complaints.
The plaintiff was not working at the time of the accident and made no income claims.
The case settled prior to trial for $550,000.
REFERENCE
Plaintiff’s consulting orthopedist (future ankle fusion) expert: David Levine, MD from Hosp for Special Surgery. Plaintiff’s examining orthopedic expert: David Weiss, D.O from North Brunswick, NJ. Plaintiff’s orthopedic surgical (ankle) expert: Dominick Menkowitz, MD. Plaintiff’s orthopedic surgical (shoulder) expert: David Dickerson, MD. Defendant’s accident reconstruction expert: John Deutch from Abington, PA.
Hartung vs. Mahaney. Docket no. MON-L-2862-13; Judge Med bef ret J John Keefe, 08-21-14.
Attorney for plaintiff : Randolph H. Wolf ofWolf Law in Red Bank, NJ.