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Collision between two trucks - Failure of defendant trucker to yield as he is merging onto highway - Aggravation of bilateral shoulder injuries - Recurrent impingement syndrome on both sides.

Essex County, NJ

The plaintiff truck driver in his late 40s contended that the defendant trucker failed to yield as he was merging onto a highway, causing the collision.

The plaintiff suffered prior bilateral shoulder rotator cuff tears, had three prior arthroscopic surgeries on the right side one prior arthroscopic surgery on the left side, and a further left sided arthroscopic procedure had been scheduled and canceled. The plaintiff contended that he had been only moderately symptomatic for several years and had been able to work as a trucker. The plaintiff maintained that the subject accident caused a severe bilateral aggravation and that despite arthroscopic interventions on both sides, he will permanently suffer severe pain and recurrent bilateral shoulder impingement syndrome.

The plaintiff, who has not yet returned to work, maintained that although he will probably ultimately be able to do so, he will be limited in the amount of time he can drive and will suffer a very significant diminution in earning capacity.

The defendant maintained that any continuing shoulder complaints stemmed from the prior injuries and/or were degenerative in nature.

The case settled prior to trial for $385,000

REFERENCE

Plaintiff's economic expert: Joseph Matheson. Plaintiff's engineering expert: James Eastmond, PE. Plaintiff's orthopedic expert: Steven Nehmer, M.D. Plaintiff's vocational expert: Ronald Kaiser, PhD from PA.

Ostrowski v. Narvaez and Waste Industries, LLC.. Docket no. ESX- L-9595-07, 07-08-10.

Attorney for plaintiff : Mitchell H. Portnoi of Prince & Portnoi,PC in Clark, NJ.
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