On September 17, 2011, the plaintiff, a sixty-three-year-old male, was cycling aside a busy Greater Boston roadway. As he crossed an intersecting street, the defendant attempted to make a left-hand turn directly into the plaintiff’s path, ejecting him from his bicycle. Plaintiff’s counsel alleged the defendant operated her vehicle negligently in that she carelessly turned into the plaintiff’s path while he enjoyed the right of way. The defendant alleged that the plaintiff was comparatively at fault as he was not within a crosswalk at the time of impact and entered the intersection before ensuring the path was safe.
In the accident, the plaintiff sustained several rib fractures, a non-displaced right patella fracture, and, most significantly, a C2 compression fracture with a possible vertebral artery dissection. The attending doctors closely monitored the plaintiff for six days in the intensive care unit. Once they felt the artery dissection was stable, the plaintiff was discharged to an inpatient rehabilitation facility; the possible artery dissection was safely managed with medications for several months post-accident and resolved entirely.
The plaintiff was treated conservatively for approximately six months. His doctors agreed that surgery was not warranted for any of his injuries. In fact, the plaintiff’s orthopedic physician discharged him from any future medical care in May 2012, only eight months post-accident. The plaintiff has returned to his everyday lifestyle and has no pain resulting from the injuries he sustained.
