A 41-year-old woman in an ATV accident - $650,000Settlement

Brief Result Summary | Motor Vehicle Case Results | Mainetti Mainetti & O'Connor

Date of Settlement: July 29, 2014

Case Facts: In Supreme Court, Ulster County, a 41-year-old woman recovered for injuries sustained when she was hit by an ATV being operated by her then fiancé. The plaintiff had traveled to defendant’s hunting club to stay at a cabin for the weekend when the accident occurred. While there, she took an ATV ride with defendant . She was a passenger on the ATV during the ride, but had gotten off to search for a lost eyeglass lens when the defendant backed the quad into her right leg.

The ATV striking her leg caused an ACL tear requiring arthroscopic surgery as well as low back injury. Defendant’s attorney argued that the low back injury was caused when plaintiff fell while uncovering her pool, five months subsequent to the ATV accident and was not related to the ATV accident.

However, Alfred Mainetti, plaintiff’s attorney, argued that even if plaintiff’s fall while uncovering a pool partially caused the back injury the fact that she was still on crutches and in a brace from her knee surgery meant that the fall at the pool was related to the original ATV accident. Therefore, even were the back injuries sustained in the fall at the pool, the injurywould be causely related to the ATV accident.

The case was settled during trial for $650,000.00. The matter was prepared and tried by Alfred Mainetti of Mainetti, Mainetti & O’Connor, P.C.

Awarded: $650,000

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