Christopher T. McGrath, Senior Partner at Sullivan Papain Block McGrath Coffinas & Cannavo PC (SPBMCC) recently obtained a settlement totaling $3,050,000 for a plaintiff who was struck in an intersection by a driver who ran a red light.
A Nassau County Police Inspector was heading to an assignment when the defendant struck him in an intersection while running a red light. The accident resulted in the plaintiff suffering injuries including a laceration of the inferior vena cava, liver laceration, ruptured spleen, multiple pelvic fractures, rib fractures and back fractures. As a result, he was confined to a hospital for over one month due to the extent of his injuries.
The defendant in the case had a $50,000 insurance policy, which was offered to the plaintiff to cover the damages from the accident. However, because the defendant was on his lunch break when the accident occurred, he collected worker’s compensation from his employer as a result of the injuries sustained. McGrath argued that the defendant had limited time for lunch and that he was working in the course of his employment when he was off-site. McGrath and his team also argued that, because the defendant received worker’s compensation for the accident with the employer’s consent, the employer could not argue that the defendant was not in the course of his employment at the time of the accident. Ultimately, because the defendant received worker’s compensation and thus was confirmed to be in the course of employment during the time of the accident, McGrath was able to recover a settlement of $3,050,000 for the plaintiff, exceeding the limited policy amount offered by the defendant’s insurance policy.
“Because we persevered on behalf of the plaintiff, we were able to recover the compensation our client deserved instead of settling for the defendant’s insurance policy. This case demonstrates how you should never give up, and you owe it to your client to keep going.”