Head-on collision: Failure to control vehicle: Arm, leg injuries: Settlement

Law Reporter, Dec 1998

Wasserman v. Auld, N.Y., Westchester County Sup. Ct., No. 18486/95, July 8,1998.

Green was driving when his vehicle's tire blew out. He lost control of the vehicle, which crossed the centerline and struck Wasserman's car head on. Green suffered fatal injuries. Wasserman, 56, suffered multiple fractures of her arms and legs, requiring open reductions with the insertion of hardware. She was hospitalized for about two months. Wasserman requires a cane to walk. Her medical expenses were covered by no-fault insurance.

Wasserman and her husband sued Green's estate, alleging Green had failed to properly control his vehicle. Wasserman, who is self-employed, did not claim lost income.

Defendant claimed that Green had no prior warning that his vehicle's tire would blow out.

The parties settled before trial for $1.2 million. Plaintiffs' Counsel:

*Abraham Fuchsberg, New York, N.Y.