This 34-year-old chef and restaurant owner was rollerblading in Greenwich Village when she was struck by a vehicle backing into a parking space. Her case was complicated by the fact that she had several years prior undergone surgery to remove a disc in her lower spine and thereafter had a spinal cord stimulator implanted to help reduce pain in that area. She testified that she was pain free for the three years immediately preceding this accident. Medical proof at trial showed that this accident aggravated the previous injury, that she required the surgical replacement of the prior stimulator and had to have a morphine pump implanted because of the constant severe pain. The defendants agreed to settle even though they claimed that Ms. S.’s injuries were not due to this accident.
