---
title: "New York: Car traveling 5 mph sideswiped plaintiff's vehicle, causing injury to knee requiring five surgeries"
description: "New York: Car traveling 5 mph sideswiped plaintiff's vehicle, causing injury to knee requiring five surgeries"
---

[The Litigation Counsellor®](https://counselfinancial.com/litigation-counsellor)

# [New York: Car traveling 5 mph sideswiped plaintiff's vehicle, causing injury to knee requiring five surgeries](https://counselfinancial.com/litigation-counsellor/new-york-car-traveling-5-mph-sideswiped-plaintiffs-vehicle-causing-injury-to-knee-requiring-five-surgeries/)

 Written by [Counsel Financial](https://counselfinancial.com/litigation-counsellor/author/britney) | Sep 26, 2011 9:27:16 PM

In this personal injury action, plaintiff was stopped in traffic when the left side of her vehicle was swiped by a passing van. Plaintiff sued the driver and the vehicle's owner, who was the driver's employer. Plaintiff alleged that she sustained a knee injury and subsequently underwent five knee surgeries. Furthermore, plaintiff's expert internist opined that because of the injury she had an increased risk of developing a pulmonary embolism. Defense counsel noted that the driver of the van was traveling 5 mph, and suggested that the plaintiff's injury predated the vehicle accident. Sidebar: Liability was determined on summary judgment, and the trial was on damages only. There were four weeks of trial before the parties settled.

**SETTLEMENT: $5 million**. (Defendant's primary insurer tendered the policy of $1 million and the excess insurer contributed $4 million.)

Kimberly Benson v. World Wrestling Federation Entertainment, Inc. and Matthew T. Yackereen, (Kings County, New York, Case no. 13451/08).

[View full post](https://counselfinancial.com/litigation-counsellor/new-york-car-traveling-5-mph-sideswiped-plaintiffs-vehicle-causing-injury-to-knee-requiring-five-surgeries/)

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