Collision Leaves Motorcyclist with Multiple Injuries

Renal-disease diagnosis a hurdle in plaintiff’s case
$475,000 settlement

The 45-year-old plaintiff was injured when his motorcycle was rear-ended by a commercial van while he was stopped at a red light.

The plaintiff suffered a burst fracture of the T12 vertebrae and a wedge-compression fracture of the L1 vertebrae. As a result of the fractures, the T12 vertebrae suffered a loss in height of 50 percent, and the L1, 20 percent.

The plaintiff was treated with physical therapy for seven months after the accident but was unable to continue due to a busy work schedule.

A serious complicating factor on damages was the plaintiff’s diagnosed end-stage renal disease, which meant that he was a candidate for a kidney transplant. Moreover, his lumbar and thoracic spine was noted in a radiology report to have degenerative-disc disease, nine days after the accident.

Liability was never contested.

A bankruptcy on the part of the corporate defendant stayed the Middlesex County proceedings until the stay was vacated to the extent of the insurance coverage. There had not been an offer until a 93A/176D letter was sent.

The plaintiff’s special damages were $53,000 for medical bills, which included $12,000 for ambulance transportation to the plaintiff’s dialysis and $10,000 in loss of earning capacity.

All claims, including the 93A/176D claims, were resolved for $475,000.

• Type of action: Motor vehicle negligence
• Injuries alleged: Burst fracture, wedge-compression fracture,
  loss in height of vertebrae
• Name of case: Withheld
• Court/case no.: Middlesex Superior Court, no. withheld
• Tried before judge or jury: N/A (settled)
• Special damages: $63,000
• Amount of settlement: $475,000
• Date: August 2007
• Highest offer: None made prior to 93A/176D letter