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.
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