$575,000 Awarded : Sanitation Worker Suffers Knee Injuries

After exiting his garbage truck in Lagrange, New York, to load a customer’s recycling, a distracted driver failed to see our client or his truck as she came around a turn. The driver swerved, but it was too late and the side of the car hit our client’s knee. Fortunately, the knee cap was not broken and did not need immediate surgery. After a period of rehabilitation, his knee pain progressed and the doctors recommended a total knee replacement. Since he was 55-years-old at the time, the insurance company argued the need for the knee replacement was from degenerative conditions and not being hit by a car. Eventually, the distracted driver’s insurance offered their full $300,000 available insurance policy. We then proceeded to make a claim against our client’s employer’s insurance on the garbage truck. Here, too, the insurance company refused to acknowledge the surgery was from the crash so we proceeded with an arbitration. After hearing all of the medical evidence and our client’s testimony, the arbitrator awarded $575,000. The case was handled by Managing Attorney Ed Steves and Trial Attorney Brian Acard.

Dear Friends and Clients,

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This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Finkelstein & Partners, LLP