Pre-Arbitration Offer: $50,000.00
Nationwide Property & Casualty Insurance Company was represented by Trial Attorney Mickei Marshalle Milton, Esquire, employed by the Law Firm of Kevin J. Philbin.
The law firm of Michael J. Redenburg, Esq.'s client recently received a $450,000.00 Arbitration Award following a 2018 accident which occurred in Brooklyn, NY. At the time of the incident, the client worked as a truck transporter for Triport International. According to his testimony, on May 25, 2018 he drove a truck from Pennsylvania to Queens, stopped at a diner on Linden Boulevard, and was seated in the cab of the truck in the driver's seat, when 2 men came to the passenger side window and one of them pointed a gun at him. The client testified that upon seeing the gun he ran out of the truck on the driver's side towards the rear end of the truck and was struck by a car that was traveling on Linden Boulevard. The next thing he remembered was waking up in an ambulance. According to a police accident report, the client “was sitting in his parked vehicle when he was approached from the passenger side by two unknown males that displayed a firearm. The client fled out of driver side door and was struck by a vehicle that was traveling eastbound on Linden Boulevard service road. The vehicle left the scene and details of it are unknown. The client sustained a broken right wrist and pain/laceration to the head.”
The client testified he felt pain in his arms and feet, had difficulty speaking, and had a big gash over his left eye as he was being transported by an ambulance to the emergency room of Brookdale Hospital Medical Center. The ambulance call report indicated that the client was in his truck when 2 men approached him and he “jumped out of his truck to run and got hit by an on coming vehicle.” It was noted claimant had “dried blood on his face and arms,” a “one inch laceration above his left eye,” and “swelling to his right wrist, possible fracture or dislocation.” The wrist was splinted in the ambulance and the client was taken to the emergency room without incident or negative change in his condition.
According to the emergency room records, the client “complained of pain to his left forehead, right wrist, and bilateral first toes.” X-rays of claimant's left wrist showed no radiographic evidence for a displaced fracture or dislocation. X-rays of claimant's left foot and left big toe showed no evidence for a displaced fracture or dislocation and no significant soft tissue swelling. X-rays of claimant's right foot showed evidence of an oblique fracture through the right first phalanx of the right foot with some irregularity within the soft tissues of the medial distal phalanx. X-rays of claimant's right wrist showed a comminuted fracture of the distal right radius with some dorsal lobulation of the fragments. A CT scan of client's brain showed no intracranial hemorrhage or skull fracture and an extracranial soft tissue hematoma at the forehead on the left side. A closed reduction of the right distal radius was performed and his right arm was placed in a short cast. It was noted that the client tolerated the procedure well and post reduction x-rays showed improved alignment. The client was instructed not to do any heavy lifting, to use ice and to elevate his legs, to follow up for his head laceration, and to see an orthopedic surgeon. He was discharged from the emergency room in stable condition.
Following the emergency room, on June 5, 2018, claimant sought medical attention at DHD Medical, at which time the doctor, Dr. Vadim Abramov, noted the client's chief complaints were bilateral wrist pain with fractures, right arm in a cast, bilateral foot pain, and left eyebrow laceration. Dr. Abramov noted claimant “states the pain is constant, severe, usually worse with activities of daily living” and that the client had a “left eyebrow laceration with stitches.” Based on his clinical findings, Dr. Abramov's impression was “a 29-year-old right-handed man who was injured at work on May 25, 2018, with bilateral wrist fractures, left eyebrow laceration, bilateral foot sprain.” The doctor prescribed physical therapy 3 times a week for 4 weeks and a consultation with an orthopedist for the wrists.
On June 11, 2018, claimant consulted with Dr. Howard Baum, an orthopedist, for bilateral wrist pain. Dr. Baum reported his physical examination revealed some generalized tenderness in the left wrist area and an intact plaster cast on the right wrist. His assessment was right wrist fracture and left wrist sprain. He recommended that the client use a left wrist brace and stay in the plaster cast for the right wrist. On July 2, 2018, Dr. Baum noted x-rays of the client's right wrist showed acceptable position but that he was still able to “see the fracture line as it is definitely an intraarticular scapholunate dye punch-type nondisplaced component.” He recommended that the client keep the cast on for another week.. Range of motion of the left wrist was normal. In addition, there was decreased manual muscle strength in the right hand grip, right wrist extensors and flexors. Dr. Abramov recommended claimant continue with physical therapy and to follow up with the orthopedist. His concluding recommendations were that claimant should “refrain from any strenuous activities which may aggravate the injuries and cause worsening of symptoms.” He advised claimant to “perform the tasks to the best of tolerance and limitations only.”
Accordingly, the Arbitrator rendered an award of $450,000.00, which she believed to be the value of the pain and suffering caused by his accident-related injuries of a right wrist fracture that required a closed reduction, internal fixation, a left wrist sprain, sprains of both big toes, and a hardly perceptible facial scar.