A lawsuit in the Northern District over a tractor-trailer crash that left a man permanently disabled has ended in a recovery of $2.55 million.
Dustin Moulton was traveling northbound on State Road 9W in New Baltimore at 6:15 in the morning on Aug. 28, 2015, when truck driver Patrick McGrath, driving a Ryder rental truck rented by his employer, the Shaker Group, took a left-hand turn and smashed head on into the front passenger side of Moulton’s vehicle.
Moulton’s vehicle, according to his attorney Alan Inwood, an associate at Robert A. Cardali & Associates, “was crushed like a pancake.”
The 26-year-old suffered injuries to his head, neck, back and both legs, which required multiple surgeries and left him “permanently and totally disabled,” Inwood said, adding that his client also suffered psychiatric and neuropsychological injuries.
Insurer Nationwide offered its primary policy of $1 million prior to mediation and then proceeded with the plaintiff and American International Group, Inc. before U.S. Magistrate Judge Christian Hummel of the Northern District of New York.
The result was an agreement for AIG to pay another $1.55 million on top of Nationwide’s $1 million.
“It’s unusual in the Northern District to get that kind of money,” Inwood said. “If it didn’t settle, it would have been tried in Utica in two years.”
Ryan Dempsey of Gordon Rees Scully Mansukhani represented the defendants in the case, Moulton v. McGrath, 15-cv-01478.