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Civil Plaintiff

Victim of Auto Accident and Her Husband are Awarded $2.4 Million After Sustaining Permanent Back Injuries

On July 27, 2016, plaintiff Dyan Ambrogio, 51, was stopped at a red light, heading west on Grand Avenue, in Montvale. The rear of her sedan was struck by a trailing car driven by Ediane Bonilla. Ambrogio claimed neck and back injuries.

Ambrogio sued Bonilla. Ambrogio alleged that Bonilla was negligent in the operation of a vehicle. Ambrogio also sued her insurer, New Jersey Manufacturers Insurance Co. She sought to recover her underinsured-motorist policy of $300,000. Prior to trial, Bonilla’s insurer tendered its policy, which provided $15,000 of coverage. During non-binding arbitration, Ambrogio was assessed a recovery of $77,700 from New Jersey Manufacturers Insurance, which was reduced to $62,700 due to the Bonilla settlement. The defense filed for a trial de novo of the arbitration award, which the court granted.

The defense stipulated to liability. The case proceeded to a trial that addressed causation, permanency and damages. Following the accident, Ambrogio was taken by ambulance to a hospital where she was examined and released. She was ultimately diagnosed with herniations at cervical and lumbar intervertebral discs C4-5, C5-6, C6-7 and L5-S1.

Within weeks of the accident, Ambrogio began a course of chiropractic treatment, physical therapy and acupuncture. She underwent these treatments through 2018. She also received three epidural injections into the lumbar spine in 2017. She received no additional treatment.

Ambrogio’s expert in orthopedic surgery testified that the accident caused Ambrogio to
suffer a permanent injury to her lumbar disc, in additional injuries to her cervical spine. According to Ambrogio’s expert in neuroradiology, imaging studies showed evidence of traumatic injuries with no indication of any significant degenerative disc disease. Ambrogio testified that her ongoing lower back pain prevents her from sitting for long periods, going on walks, sleeping well and staying overall physically active.

Ambrogio sought damages for past and future pain and suffering. Her husband testified about his wife’s physical limitations, which he said have caused him to take on more responsibilities around the house. He sought damages for loss of consortium.

The defense’s expert in orthopedic surgery attributed Ambrogio’s complaints and treatment to pre-existing disc degeneration. The defense’s expert in neurology testified that imaging studies were absent of any traumatic injury and only showed degenerative pathology.

The jury found that Ambrogio suffered permanent injuries as a result of the accident. It determined that her damages totaled $2 million, and that her husband was entitled to $400,000 for loss of consortium.

Ambrogio was represented by Peter J. De Frank, of De Frank Law Group, LLC.

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