Dianne L. Brussenski v. Nancy E. Cohen and Arthur Cohen

Robert L. Ryan, Jr., Helwig Henderson Ryan & Spinola, LLP, Carle Place, New York

At approximately 9 a.m., on December 18, 2007, plaintiff Diane Brussenski, a 52-year-old woman on disability, was driving east on the Long Island Expressway near the exit for Oyster Bay when she was rear-ended by a vehicle driven by Nancy Cohen and owned by Arthur Cohen. Brussenki claimed that she suffered injuries to her lower back in the accident.

Brussenski claimed that she was stopped for traffic when she was struck by Ms. Cohen’s vehicle. Plaintiff’s counsel moved for summary judgment on the issue of liability, and it was granted. The matter subsequently proceeded on the issue of the damages and causation only.

Aggravation of preexisting condition; discectomy; facetectomy; foraminotomy; fusion; cervical; fusion; lumbar laminectomy

At the time of the accident, Brussenski had a 30-year history of medical treatment for neck and back problems, as well as numerous other disabling medical conditions. She continually made complaints to her doctors about neck and back pain, including the months immediately preceding the accident. Years prior to the crash, she was deemed totally and permanently disabled from employment by the Social Security Administration.

Following the accident on December 18, 2007, it was determined that Brussenski’s vehicle sustained very little visible damage, and she was able to drive away from the scene after refusing medical attention. She eventually began treating with physicians to address complaints of neck and back pain after the accident, and she was ultimately referred to a spine surgeon.

Brussenski claimed that she suffered an exacerbation of her prior cervical and lumbar spinal conditions, which ultimately led to the need for spinal surgeries. She underwent an anterior cervical discectomy with fusion at the C5-C6 and C6-C7 levels. She also underwent a laminectomy, facetectomy, foraminotomy and posterolateral fusion at the L4-L5 and L5-S1 levels.

Brussenski alleged that despite surgical treatment, she continues to suffer spinal problems and that, as a result, she will require ongoing medical treatment. Thus, she sought recovery for her past and future pain and suffering and past and future medical expenses.