$353,500 SETTLEMENT - MOTOR VEHICLE - SUDDEN STOP - CHONDROMALACIA AND HERNIATED CERVICAL AND LUMBAR DISCS

Mitchell and Michelle Sommers v. Malcolm Hurwitz and Grace Totero 21013/91 Date of Settlement 10/18/93, Kings Supreme

Pltf. Atty: Robert A. Hyman of Weiner & Hyman, Nanuet with Richard J. Weiner and Irene Brunstein

This action settled during jury selection for $353,500. Pltf., age 33 at the time, testified that on 9/11/90 at 1:25 PM he stopped short to avoid an accident with the rear of Deft. Totero's vehicle, after Totero stopped short when Deft. Hurwitz made a left turn onto the wrong side of the road in Brooklyn. There was no contact between the three vehicles.

Injuries: aggravation of pre-existing chondromalacia of the right knee; herniated disc at L4-5 and L5-S1; herniated disc at C4-5; interior thecal sac impingement at L4-5. Pltf. would have claimed that he will require a total knee replacement. Deft.'s Insurance: State Farm.

Settle Apportionmant: $350,000 was paid by Hurwitz; $3,500 was paid by Totero ($10,000 policy).

Pltf. Experts: Pltf. would have called Dr. Ronald Grelsamer, orth. surg., Manhattan; Dr. Jonathan Korn, orth. surg., Manhattan.

AS PUBLISHED IN THE NEW YORK JURY VERDICT REPORTER (XII/28-36)