The plaintiff supermarket parking lot pedestrian contended that the defendant driver negligently failed to make proper observations, striking him and propelling him into the shopping cart canopy. The defendant driver had a $50,000 policy which was paid. The plaintiff had $1,000,000 in UIM protection and the case was submitted to binding arbitration in conformance with the policy.
The plaintiff maintained that he suffered a fracture of the tibial plateau and a tear of the lateral meniscus on the same side. The plaintiff maintained that because he was afraid of the risks of either open or arthroscopic surgeries, the injuries were treated conservatively. The plaintiff maintained that he will suffer permanent pain and limitations from the injuries. The plaintiff also contended that he developed deep vein thrombosis that places him at risk for a pulmonary embolism. The plaintiff, who travels by air frequently, related that he must wear a compression stocking when sedentary for a lengthy period to minimize the risk of a pulmonary embolism.
The arbitration resulted in a $195,000 award. The case settled for this amount plus the $50,000 policy received from the defendant driver.
REFERENCE
Plaintiff’s orthopedist expert: Gregory Gallick from Union, NJ.
R.R. v. Atlantic Mutual Insurance Co. Docket no. SOM-L-1418-06; 1-08.
Attorney for plaintiff: Charles A. Cerussi of Cerussi & Gunn in Shrewsbury, NJ and Garden City, NY.
