November 17, 2003 - $850,000 Settlement in Motor Vehicle Accident
On Oct. 26, 2000, Alex Mayorga was a passenger in a vehicle that was struck from behind while stopped at a traffic signal at the intersection of Bellmore and Grand avenues in Bellmore.
Mr. Mayorga sued Rosemary Valente, who was driving the car that struck his vehicle. He also sued the lessor of Ms. Valente's car, Acura of Valley Stream. Ms. Valente claimed that she had brought her vehicle to a complete stop, but that it rolled into Mr. Mayorga's vehicle while she was retrieving a ringing cell phone. She added that the collision had produced a light impact, and that both vehicles sustained only minimal damage.
The court granted Mr. Mayorga's motion for summary judgment on liability.
Ms. Valente's car was a loaner vehicle that Acura of Valley Stream had provided while Ms. Valente's vehicle was being serviced. A declaratory-judgment action resulted in the determination that Ms. Valente's insurer would be primary to any policy held by Acura of Valley Stream.
Mr. Mayorga sought treatment for lower-back pain at a doctor's office the day following the accident. He ultimately underwent a discectomy to treat a herniated disc at L5-S1.
Ms. Valente contended that Mr. Mayorga had not made any medical complaints at the scene of the accident, that no ambulance was called, and that no emergency-room treatment was rendered.
The parties reached an $850,000 two weeks prior to jury selection for the trial.
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