Benson & Bingham Reach Confidential Settlement in Auto Struck by Company Van Accident

Source: Internal Release

Benson & Bingham is pleased to announce a recent confidential settlement stemming from a motor vehicle accident which occurred in July of 2012. Plaintiff, a 42 year-old male at the time, was traveling in his subject vehicle northbound on Lamb Boulevard in Las Vegas. Plaintiff was lawfully restrained by a seat belt while on his way to pick up a co-worker. Conditions that day were clear with full visibility and sunshine, the roadway was flat and traffic was not congested. The speed limit was 45 m.p.h. Plaintiff was familiar with that roadway and his surroundings as he had traveled that same route numerous times. At said time and place, Defendant Driver, while in the course and scope of his employment, was operating a Company Van registered and owned by Defendant Company and was also traveling northbound on Lamb Boulevard directly behind Plaintiff.

The accident occurred when Plaintiff applied his brakes due to the traffic ahead of him. Plaintiff had both hands on the steering wheel, and upon hearing Defendant’s tires screeching, he braced himself. Unfortunately, Defendant was simply driving too close, failed to reduce his speed/and or use due care and failed to pay close enough attention thereby rear ending Plaintiff. Plaintiff’s vehicle was then struck a second time when Defendants van was struck from behind by a non-party vehicle. According to witness statements and Plaintiff’s testimony, the first impact was harder than the second.

Upon impact, Plaintiff recalls hitting his left knee on the dashboard and his head on the headrest. However, Plaintiff did not feel immediately injured and the onset of pain was experienced later that evening. Plaintiff reported right shoulder pain, neck pain and back pain the following day when Plaintiff presented to the doctor. Over the course of many months Plaintiff was seen by a chiropractor, a neurologist, a pain management doctor, and an orthopedic spine surgeon. It was eventually determined after conservative care and a series of epidural spinal injections that Plaintiff was a surgical candidate. Eventually Plaintiff underwent an anterior lumbar inter body fusion. After addressing his lower back issues Plaintiff’s doctors began to address his cervical or neck complaints. It was later recommended that Plaintiff undergo an anterior cervical discectomy and C4-5 and C5-6 fusion for amelioration of his symptoms. At the time of settlement Plaintiff did not have the cervical fusion, but continued to experience neck pain, bilateral arm, forearm, thumb and index pain with numbness, tingling and weakness. His medical bills along with the future surgical recommendation exceeded $530,000.00 Today, Plaintiff continues to follow up with the necessary providers.

Plaintiff maintained causes of action for Negligence, Negligent Entrustment, and Joint and Several Liability. After many months of tireless litigation, we were able to force Defendant company into a settlement position. This case is just another example of the insurance companies and big businesses trying to take advantage of the little guy. Plaintiff was being pushed around until he retained the services of Benson & Bingham. While the terms of the settlement remain confidential in nature, Plaintiff was very pleased with the results.

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