In February 2019, Feldman, Kleidman, Collins & Sappe LLP’s (FKC&S) client, a 73-year-old tennis pro from Ossining, NY, was stopped for a red light on North Highland Avenue when he was rear-ended. The X-rays taken following the crash were read as showing a possible coccyx fracture. In New York State, if someone is involved in a car crash, they must suffer a qualifying serious injury to recover money damages, and fractures fall into that criterion.
The defense’s insurance company had a radiologist read the films and he opined there was no fracture. Steven H. Cohen placed the case into suit, evidencing medical records and expert testimony from his client’s treating physicians to show that FKC&S’s client had subjective complaints consistent with a fracture, as well as some back pain resulting from the accident. In doing so, Cohen was able to obtain a $75,000 settlement for FKC&S’s client just prior to trial.