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The collision that occurred on June 11, 2014 was the result of negligent driving on the part of the Defendant. Our client T.V.(45) was a stopped behind another vehicle waiting at the railroad crossing on 104th Avenue and Highway 85. The Defendant, Kenneth Martinez, failed to slow for traffic and collided with the rear of T.V.’s Jeep, pushing it forward into the car in front of him.

The speed of the collision combined with the failure of the airbags to deploy, caused severe injury to T.V.’s spine. His injuries included: a disc bulge at L4-5, central disc protrusion at C4-5, foraminal stenosis (narrowing of the disc space) at C6-7, and impingement on the C7 nerve root. The only solution was surgical repair. Eleven days after the collision, T.V. underwent a C3-4 fusion to correct his injuries. While that first surgery went well, doctors advised that future surgical repair of the C6-7 and C4-5 will be required.

This accident had long-term physical and economic consequences. As of June 1, 2016 T.V.’s medical bills totaled $80,574.84 with anticipated future medical costs totaling $293,360.00. Economically, T.V.’s position and responsibilities at the Department of Homeland Security had to change given the surgery’s impact on his mobility.

About two years after this life change accident, Evan Banker, secured a confidential settlement for T.V. which included just compensation for the bad faith, liability, medical pay and underinsured motorist claims associated with the accident.