Welcome to December 2020. Looking back, we hope you had an enjoyable Thanksgiving and that you saw the Macy’s Thanksgiving Day Parade, which was short on marching but long on good cheer. Looking ahead, there are only 22 shopping days until Christmas. So as you work, probably from home, on your computer, for hours at a time, in your comfy clothes, periodically browse the web for the coronavirus Christmas gifts for your family and friends. The good news is that you know you didn’t give your favorite aunt a designer mask last year and you don’t have to worry about giving her an “aspirational” size.
NELLIE THOMAS V. THE MOUNT SINAI CHURCH OF GOD IN CHRIST, INC. (505705/17)
DECIDED: 2020
VENUE: Supreme Kings
TYPE OF CASE: Trip and Fall
FACTS: An 80-year-old woman was pushing a shopping cart on the sidewalk outside of Mount Sinai Church of God in Christ when she tripped over a crack in the sidewalk.
INJURIES:
- The plaintiff suffered a comminuted, displaced fracture of her skull’s right orbit (eye socket).
- Immediately after the accident, the plaintiff underwent decompressive surgery that included a cantholysis and canthotomy, including an excision of a tendon of her right eye.
- 15 days after the accident, the plaintiff underwent an open reduction and internal fixation of her right orbit’s fracture.
- The plaintiff claimed to suffer residual damage of her infraorbital nerve.
- The plaintiff claimed to experience numbness in her cheek, eyelid, nose, several teeth, and upper lip.
- The plaintiff has a scar of her right eye’s inferior rectus muscle
- The plaintiff claimed the injury limits the upward movement of her right eyeball, and it causes photophobia and diplopia, or “double vision.”
- The plaintiff claimed that she must wear specialized eyeglasses and that she often requires sunglasses while indoors.
- The plaintiff claimed that she suffers from residual headaches.
VERDICT: The jury awarded $785,000 in past and future pain and suffering.
DILAN KAYMAZ V. MARTYNA WNOROWSKI (704966/17)
DECIDED: 2020
VENUE: Supreme Queens
TYPE OF CASE: Automobile Liability
FACTS: A 25-year-old make-up artist was in a vehicle when it was sideswiped by a pickup truck.
INJURIES:
- Immediately after the accident, the plaintiff underwent x-rays and minor treatment for pain in her neck, right knee, and right, dominant shoulder.
- The plaintiff claimed to suffer from a herniation and annular-tissue of her C6-C7 intervertebral disc.
- The plaintiff claimed that the herniation caused impingement of a spinal nerve and resultant radiculopathy.
- The plaintiff claimed that she suffered a trauma induced bulge of her C5-C6 disc.
- The plaintiff claimed that she suffered a tear of the posterior horn of her right knee’s medial meniscus.
- The plaintiff claimed that she suffered derangement of her right shoulder and resultant tendinitis of her right shoulder’s supraspinatus tendon (a part of the rotator cuff).
- The plaintiff underwent conservative treatment that included acupuncture, chiropractic manipulation, physical therapy and the administration of an epidural injection of a steroid-based painkiller, but she claimed that she suffered ongoing pain.
- The plaintiff underwent a discectomy, including an excision of a portion of her C6-C7 disc, followed by a three-day hospitalization.
- The plaintiff claimed that she suffers residual pain and limitations that hinder her performance of physical activities, such as her job duties.
- Defense counsel argued that the plaintiff did not suffer a serious injury as defined by the ne fault law.
- The defense’s expert radiologist reviewed the results of post-accident MRI scans and opined that the plaintiff suffered preexisting degeneration of the spine’s cervical region from a car accident in 2015.
VERDICT: The jury found the plaintiff suffered a serious injury. The jury awarded $150,000 in past and future pain and suffering.
CORRADENGO V. DALLAND, GARCIA, AND VARELA-BAEZ (613699/18)
DECIDED: 2020
VENUE: Supreme Suffolk
TYPE OF CASE: Automobile Liability
FACTS: A 31-year-old teacher was stopped in traffic when her car was hit in the rear either immediately before or after that driver was also struck in the rear.
INJURIES:
- The plaintiff claimed that she suffered trauma induced bulges of her C2-C3, C3-C4, C4-C5, and C6-C7 intervertebral discs.
- The plaintiff claimed the trauma aggravated a pre-existing bulge of her C5-C6 disc, which became herniated and caused impingement of a spinal nerve and resultant radiculopathy that extended to her shoulders and arms.
- The plaintiff underwent chiropractic manipulation, physical therapy, and the administration of painkilling trigger-point injections that were directed to her left shoulder, however she claimed to experience continued pain.
- The plaintiff underwent a discectomy, including excision of her C5-C6 disc, and fusion of the corresponding level of her spine.
- The plaintiff resumed chiropractic manipulation and physical therapy following the surgery.
- The plaintiff resumed a pain-management regimen.
- The plaintiff claimed that her neck is still painful, that she has weakness in her arms and hands, and that these residual effects hinders her performance of everyday activities.
- The plaintiff claims that she may require further fusion.
- Defense counsel argued that the plaintiff did not suffer a serious injury as defined by the ne fault law.
SETTLEMENT: The parties negotiated a pretrial settlement of $1.3 million, $300,000 from the defendant’s primary policy and $1 million from the defendant’s excess policy.
