$2,157,200 Structured Settlement for a 50-Year-Old Woman Injured in a Lancaster, New York, Rear-End Car Accident

Patricia Harner and Phillip Harner v. Vaul Trust, GMAC Leasing Corporation and Tracy Fingerlow

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On April 24, 2000, fifty-year-old Patricia Harner was traveling along Genesee Street in Lancaster, New York. At some point on her journey, Ms. Harner’s minivan was hit from behind. The vehicle that hit her was driven by Tracy Fingerlow. Ms. Harner suffered serious injuries to her neck, low back and left ankle as a result of the forceful collision.

Jed Dietrich, Esq. sued Ms. Harner’s case in New York State Supreme Court in Erie County. The defendants named in the lawsuit included Ms. Fingerlow, the operator of the vehicle that hit Ms. Harner; GMAC Leasing Corporation, which held title to the vehicle that Ms. Fingerlow was operating; and Vaul Trust, the holding company for GMAC Leasing Corporation.

Jed Dietrich, Esq. successfully moved for summary judgment on the issue of liability in Ms. Harner’s case. A motion for summary judgment asks the court to make a ruling on a particular issue in favor of one party because no genuine issues of material fact exist that would allow for a finding for the other party. In Ms. Harner’s case, Judge Barbara Howe found that there were no issues of fact that existed regarding the defendants’ liability and she granted Ms. Harner summary judgment on the issue. With the defendants’ fault established, the case could then proceed to focus solely on Ms. Harner’s damages.

As a result of the collision, Ms. Harner suffered bulging discs in her neck. These injuries caused Ms. Harner significant pain and impacted her day-to-day living. As a result, Ms. Harner underwent a cervical discectomy and fusion surgery at C5-6 and C6-7 with instrumentation. A cervical discectomy and fusion is a common surgical procedure used to treat herniated discs that are causing a person continual neck pain and arm pain.

Ms. Harner also suffered a disc bulge in her lumbar spine that impinged upon her L4-5 nerve root. The significant pain caused by Ms. Harner’s low back condition required her to undergo inter-thermal disc therapy.

In addition, Ms. Harner suffered ligament damage in her left ankle. Ms. Harner’s ankle injury required surgical intervention in the form of an arthroscopic debridement. An arthroscopic debridement requires small incisions in the ankle joint which allows for removal of damaged cartilage, bone fragments or other tissue. Arthroscopic ankle surgeries generally are less invasive and have faster recovery times than do open surgeries.

Jed Dietrich, Esq. aggressively and tenaciously pursued compensation for Ms. Harner’s injuries that resulted from the April 24, 2000 motor vehicle collision. To resolve her claim, Ms. Harner agreed to a structured settlement worth an expected $2,157,200. A structured settlement is a financial arrangement that provides for a series of payments to a plaintiff, like Ms. Harner, over a period of time, instead of one lump sum payment. Often, this form of payment structure can be beneficial for someone with serious injuries who will incur medical expenses in the future. By agreeing to a structured settlement, Ms. Harner received a smaller up-front payment but will continue to receive monthly payments for the remainder of her life to help support her future need for medical care.

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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