Plaintiff a 61 y/o male, electrical engineer, traveling on Veterans Memorial Highway, Islip, Suffolk County, in the far-right lane, was struck by Defendant also traveling in the same direction as Plaintiff, in the far-left turn, decided they missed the exit and crossed over 4 lanes, striking Plaintiff’s vehicle. Police responded and the Plaintiff complained of neck pain but declined an ambulance. He never went to the hospital or an Urgent Care facility but began Chiropractic treatment 2 days after the incident. He then began treating with a neurologist due to continued headaches, blurred vision, hearing loss, anxiety disorder all attributed to a Traumatic Brain Injury. In addition, he sustained herniations in both his neck, middle and lower back, requiring injections in his neck and lower back and ultimately underwent spinal surgery. Due to the severity of his pain, he was unable to work for three months immediately following the incident and then again for a month following his spinal surgery. We commenced a lawsuit and prior to depositions made a motion for summary judgment on the issue of liability which was opposed by the defendant who disputed the layout of the roadway and the way in which the accident occurred. The Court dismissed the Defendant’s allegations and granted our Motion for Summary Judgment on the issue of Liability. The Plaintiff then appeared for an oral examination where he was questioned at length about his injuries. Defendant then appointed a doctor to examine the Plaintiff to determine the extent of his injuries. Plaintiff has requested a copy of the notes emanating from the examination, which the Defendant’s refused to provide. A motion was made to compel the exchange of this information. Before the motion was decided, this matter was settled for $1.1M dollars.