Seven days after “election day” it appears that the winner of the elderly man contest is the older of the two elderly men. Given his age it is no wonder that the older elderly man wants the younger elderly man to concede. Locally, for the first time in recent memory, Staten Island leads the City in something. Unfortunately we lead the City in the increased incidence of COVID 19 cases. That along the world’s largest land fill and NYC’s only GOP elect congress person make our little borough the talk of the town. Finally if you are a New York Mets fan your ship has come in. Steve Cohen, the inspiration for Bobby Alexrod in “Billions”, is now the majority owner of his childhood favorite baseball team. Can you imagine the Yankees his billions can buy?
MOHAMMAD ASLAM V. SIANI, INC. AND IHOR UKRAYINETS (57/14)
VENUE: Supreme Kings
TYPE OF CASE: Automobile Liability
FACTS: A 59-year-old taxi driver was stopped at an intersection, waiting to make a left turn with two back seat passengers when his car was struck in the rear by another car. The taxicab was propelled into the intersection, striking a van. Several suits were filed in relation to the accident, however all settled except for the claim of the driver of the taxicab against the owner and driver of the vehicle that struck him in the rear.
- The plaintiff claimed to suffer herniations of his C3-C4, C4-C5, C5-C6, L1-L2, L3-L4, L4-L5, and L5-S1 intervertebral discs.
- The plaintiff claimed to suffer from a trauma induced bulge at his C2-C3 disc
- The plaintiff received chiropractic manipulation and physical therapy, however he claimed that he was still continued to experience pain in relation to the accident.
- Six months after the accident the plaintiff underwent surgery including a discectomy, excision of his L5-S1 disc, laminectomy, excision of portion of an adjacent vertebra, fusion of his spine’s L5-S1 level.
- After surgery, the plaintiff resumed physical therapy.
- The plaintiff received four pain killing injections: including trigger-point injections and epidural injections of steroid-based painkillers.
- The plaintiff claims to suffer from residual pain and limitations that have prevented his ability to work; he has not worked since the accident.
- The plaintiff claims that he will require further treatment.
VERDICT: The jury found that the parties were equally liable for the accident. The parties had stipulated that damages totaled $800,000. The comparative negligence reduction produced a net recovery of $400,000
ROSE M. JECROIS, BICKNER JECROIS AND FEDNER JECROIS D. LATASHA L. PIERRE (515505/16)
VENUE: Supreme Kings
TYPE OF CASE: Automobile Liability
FACTS: A 24-year-old soccer coach was driving his mother, a 49-year-old hairstylist, when they were struck in the rear while stopped in traffic. The son’s claim was resolved via a pretrial settlement in which he received the defendant’s $50,000 insurance policy. The mother’s damages proceeded to trial.
- Immediately after the accident, the plaintiff was brought via ambulance to the hospital where she complained of pain in her back, left knee, neck, and right, dominant hand and wrist. She underwent x-rays and minor treatment.
- The plaintiff claimed that she suffered a tear of the posterior horn of her left knee’s medial meniscus.
- The plaintiff claimed a tear of her right thumb’s flexor tendon.
- The plaintiff suffered a tear of her right wrist’s triangular fibrocartilage complex.
- The plaintiff claimed to suffer from her herniations of her C5-C6 and L5-S1 intervertebral discs and a trauma induced bulge of her C4-C5 disc, which has caused impingement of thecal sac, which encloses the roots of spinal nerves, and resultant radiculopathy.
- The plaintiff claimed that her left knee developed chondromalacia (softening of the cartilage).
- The plaintiff received 8 months of physical therapy but she claimed to continue to suffer from pain and loss of range of motion which hinder her ability to perform her job duties and household chores.
- The plaintiff’s treating physiatrist opined that her left knee and right wrist would benefit from surgery.
- The defense counsel claimed that the plaintiff’s conditions were degenerative, therefore she did not suffer a serious injury as defined by Insurance Law §5102(d).
- The defense’s expert orthopedist opined that the plaintiff’s injuries were resolved
- Immediately after the accident, the plaintiff claimed to experience pain in his back, left knee, left shoulder, and neck. He underwent x-rays and minor treatment.
- The plaintiff claimed he suffered a tear of his left shoulder’s glenoid labrum.
- The plaintiff claimed to suffer a tear of his left knee’s anterior cruciate ligament and medial meniscus.
- The plaintiff claimed to suffer from trauma induced bulges at C4-C5, L3-L4, and L4-L5 discs.
- The plaintiff underwent arthroscopic surgery on his left shoulder.
- The plaintiff claimed that the injuries and resulting surgery resulted in periods during which he was unable to work.
- The plaintiff claimed to suffer residual pain and diminution of range of motion in left shoulder.
VERDICT: The jury found that the mother did suffer from a serious injury. The jury awarded the mother $100,000, however she only received $50,000 as the result of a stipulated limit. The son was awarded $50,000 in a pretrial settlement. The plaintiffs’ total recovery was $100,000.
RIGOBERTO MARTINEZ-GONZALEZ V. 56 WEST 75TH STREET, LLC, BRUSCO CONTRACTING CORP. AND VIN-RAY PLUMBING AND HEATING, INC (22645/15)
VENUE: Supreme Bronx
TYPE OF CASE: Workplace Liability
FACTS: A construction worker in his 30s was taping a ceiling when he fell off a scaffold, falling 6 feet to the floor.
- Immediately after the accident, the doctors determined that the plaintiff was suffering from a comminuted fracture of his skull’s left orbit (the socket of his left eye), a hematoma of his scalp, and fracture of his wisdom tooth (tooth No. 8).
- The plaintiff claimed he suffered herniations of his L4-L5 and L5-S1 intervertebral discs.
- The plaintiff claimed to suffer from a tear of his left knee’s lateral and medial meniscus.
- The plaintiff claimed to suffer from a tear of his left, non-dominant wrist’s triangular fibrocartilage complex and a avulsion fracture of the same wrist’s triquetrum (a small bone located between the palm’s heel and the distal ends of the forearm’s radius and ulna bones).
- The plaintiff claimed that his L4-L5 disc has resulted in impingement of a spinal nerve and resultant radiculopathy. He also claimed that his spinal injury caused spondylolisthesis (displacement of a vertebra).
- The plaintiff claimed that he developed carpal tunnel syndrome.
- The plaintiff claimed that his left knee developed chondromalacia (softening of the cartilage).
- The plaintiff claimed to suffer from severe residual headaches.
- The plaintiff underwent surgical reconstruction of his left orbit, including open reduction of the fracture, internal fixation of hardware and canthotomy, involving relocation of a tendon to relieve intra-orbital pressure.
- The plaintiff received 2 cortisone injections in two months for his carpal tunnel syndrome
- 15 months after the accident, the plaintiff underwent arthroscopic surgery that addressed his left wrist.
- 3 months later, the plaintiff underwent arthroscopic surgery on his left knee.
- 5 months later, the plaintiff underwent surgery on his spine’s L4-L5 level including: a discectomy with excision of his L4-L5 disc, a facetectomy with a decompression of the root of a spinal nerve, a laminectomy with excision of a portion of a vertebra, and a fusion of the L4-L5 level.
- The plaintiff claimed that he continues to suffer from residual pain and limitations that prevent his performance of any type of work. He has not worked since the accident.
- The plaintiff claimed that he requires future restorative treatment of his tooth (including a root canal) and possibly a partial or total knee replacement.
- The defense claimed that the plaintiff’s herniated discs and knee injuries were not related to the accident.
- The defense argued that the plaintiff had achieved substantial recovery and could resume work.
SETTLEMENT: The parties negotiated a settlement. Each defendant’s insurer tendered its $1 million insurance policy for a total settlement of $3 million.