The plaintiff, a physical therapist, was a resident of Watertown who was shopping within the Southbury Plaza in Southbury, Connecticut. While talking to a friend within a designated crossing area, she was struck on her right lower extremity by a car operated by a women from Heritage Village.
She suffered neck pain, right arm pain, low back pain, headaches and bruising to her right lower extremity. Her cervical spine was torqued as her lower body was brushed by the tortfeasor motor vehicle. She treated with pain management specialist Dr. David Levi of Danbury, Connecticut who provided cervical spinal injections and medication.
Over four years later, she had a two level diskectomy and fusion to her cervical spine performed by Dr. Alan Waitze of NOSS in Waterbury. One year prior to her pedestrian/motor vehicle collision, orthopedic surgeon Dr. Daniel George foreshadowed cervical spinal surgery. She was assigned a cervical rating of 15%-20% by her treating physicians for her motor vehicle/pedestrian accident. The underlying tortfeasor carrier, Metropolitan, paid the initial $100,000.00. The underinsured motorist carrier, The Travelers, paid an additional $125,000.00 after mediation.
Attorney Richard Mahoney of Wethersfield served as the neutral mediator for the parties. Both cases against the tortfeasor and the underinsured motorist carrier were filed in the Waterbury Superior Court and resolved after lengthy discovery.