Gersowitz Libo & Korek, P.C., a leader among personal injury and medical malpractice firms in the New York area, recently settled a case (Index No 13451/08- Kimberly Benson v. World Wrestling Federation Entertainment, Inc. and Matthew T. Yackeren) for $5 million involving a knee injury caused by a low-speed, low-impact motor vehicle accident.
On November 2, 2007, Kimberly Benson’s car was struck in a sideswipe collision by a vehicle operated by Matthew Yackeren, an employee of World Wrestling Federation Entertainment. As a result of the low impact motor vehicle accident that occurred at a low rate of speed, Ms. Benson suffered a knee injury.
Yackeren was driving a commercial van in the financial district of downtown Manhattan. While attempting to pass traffic, he backed up and then struck Ms. Benson’s jeep in the back driver side bumper with the side of his van. Damage to both vehicles was minimal.
Court documents show that Ms. Benson, a 41 year old mother and phlebotomy manager with a pre-existing knee injury, suffered a fracture of the cartilage in her knee and underwent several surgical procedures. In addition to the pain, degeneration of soft tissue and difficulty ambulating, Benson also developed Complex Regional Pain Syndrome (CRPS) aka Reflex Symptomatic Dystrophy (RSD), a debilitating chronic pain condition which rendered her disabled and incapable of working.
Benson sued World Wrestling Federation Entertainment and their driver, Matthew Yackeren, for past and future medical bills, lost wages and pain and suffering. The case went to trial, and the defense argued causation- the low impact accident that occurred at such a low rate of speed could not have caused an injury.
After four weeks of trial, both parties settled the case. Benson recovered $5 million from World Wrestling Federation Entertainment and Matthew Yackeren. Andrew L. Libo, the attorney for Benson from Gersowitz Libo & Korek, P.C., was satisfied with the result. “Kimberly’s life and the life of her daughter will never be the same, due to this accident. We refused to settle this case before trial because we knew Kimberly deserved justice, and we were willing to fight as long as needed to ensure she was justly compensated. The trial was conducted by Jeff S. Korek and Nicolas Bagley.