$1,350,000 Settlement for a 25-Year-Old Man Rear-Ended on Interstate-90

Yancey Matos, Anita Rodriguez v. Chrysler Financial Company, LLC a/k/a Daimler Chrysler Services, Windsor Apartments and Perry Morrison

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On December 3, 2001, twenty-five-year-old Yancey Matos was driving northbound on Interstate-90 in Buffalo, New York near the Scajaquada exit. Traffic was heavy and Mr. Matos came to a stop in his vehicle. While stopped, Mr. Matos was suddenly rear-ended by a vehicle driven by the defendant, Perry Morrison. As a result of the forceful collision, Mr. Matos sustained injuries to his low back.

Jed Dietrich, Esq. pursued Mr. Matos’ claim by filing a personal injury lawsuit against the driver that caused the collision, Perry Morrison. The lawsuit alleged that Mr. Morrison was negligent in the operation of his vehicle, having failed to stop prior to coming into contact with Mr. Matos’ vehicle. In addition, Jed Dietrich, Esq. also sued the owner of the vehicle Mr. Morrison was operating, Chrysler Financial Company LLC, and the vehicle’s lease owner, Windsor Apartments. New York Vehicle and Traffic Law § 388 states that every owner of a vehicle shall be liable for injuries resulting from the negligence in operation of their vehicle by a person operating the vehicle with permission. That is, if a person lends their vehicle to someone else, they can be held liable for any accidents that result from the use of their vehicle. As such, Jed Dietrich, Esq. named as defendants all of the people and entities which could potentially be found responsible for the injuries that Mr. Matos sustained.

Following the accident, Mr. Matos was in pain and sought emergency room treatment at Buffalo General Hospital. There, through physical examination and diagnostic imaging, it was determined that Mr. Matos suffered a L5-S1 disc herniation in his low back. Click here for more information about what a disc herniation is, its causes and common types of treatment for a disc injury.

Mr. Matos sought continued treatment for his lower back injury, participating in physical therapy treatment and meeting with an orthopedic surgeon, Dr. Andrew Cappuccino. Dr. Cappuccino opined that Mr. Matos’ injury was related to the December 3, 2001 accident and performed a disc replacement surgery in an effort to alleviate his pain. Dr. Cappuccino is a board-certified orthopedic surgeon who is known for his expertise in disc replacement surgeries, having performed more disc replacement surgeries than any other surgeon in the country.

A lumbar disc replacement surgery is a common form of lower back surgery. The surgery involves the removal of a damaged disc in the lower portion of the spine and replacement with an artificial disc. Often, a lumber disc replacement surgery is effective at reducing low back pain while maintaining motion at the spinal segment.

The defense attempted to argue that Mr. Matos’ injuries were related to a degenerative spine condition that predated the accident. A degenerative spine condition refers to symptoms of pain that are caused by regular wear-and-tear on the spine as a person ages. Despite the defense’s efforts to argue that Mr. Matos’ injuries were not related to the motor vehicle collision, Jed Dietrich, Esq. successfully battled to secure a $1,350,000.00 settlement for Mr. Matos’ past and future pain and suffering. This settlement was reached under the guidance of the Honorable Frank A. Sedita, Jr.

Past results do not guarantee future outcomes.

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Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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