‘Tis the Season. The tree is up in Rockefeller Center. Shoppers are shopping, some in person, most online. Houses and apartments are decorated for the holidays. Bruce Springsteen and the E Street Band is the musical guest this coming Saturday on SNL. All this must mean that someone is comin’ to town!
ABDUJABBOROV V. CARL R. BIEBER, INC. AND HENRI LITYNSKI (1:18-cv-06058)
SETTLED: 2020
VENUE: Southern District of New York
TYPE OF CASE: Automobile Liability
FACTS: A 25-year-old delivery man was proceeding through an intersection when he was struck by a bus executing a left turn.
INJURIES:
- Immediately after the accident, the plaintiff underwent CT and minor treatment for pain in his back, head, neck, and torso’s right side.
- The plaintiff claimed he suffered a tear of his right knee’s medial meniscus.
- The plaintiff claimed suffer a tear of his right, dominant shoulder’s rotator cuff and a tear of the right shoulder’s glenoid labrum’s anterior and posterior region (SLAP lesion).
- The plaintiff claimed to suffer herniations of his C4-C5, L1-L2, and L2-L3 intervertebral discs, protrusions of his L3-L4 and L4-L5 discs, and trauma that produced bulges of his C3-C4, C5-C6, and. C6-C7 discs.
- The plaintiff claimed that his L1-L2 and L2-L3 discs caused impingement of spinal nerves and resultant radiculopathy
- Shortly after the accident, the plaintiff started physical therapy.
- The plaintiff received two epidural injections of steroid-based painkillers.
- Approximately three months after the accident, the plaintiff underwent arthroscopic surgery on his right knee including a meniscectomy with removal of the damaged portion of the knee’s meniscus.
- Four months later, the plaintiff underwent a percutaneous discectomy: a minimally invasive procedure involving excision of his L2-L3 disc.
- Five months later, the plaintiff underwent another discectomy, involving removal of another portion of his L2-L3 disc.
- The plaintiff claims that he suffers from residual pain and limitations that prevent his tolerance of prolonged periods in which he is seated, walking, driving, or sleeping.
- The plaintiff has not worked since he accident and claims that his injuries prevent performance of any kind of work.
- The plaintiff’s treating orthopedist opined that the plaintiff will require further spinal surgery and physical therapy.
- Defense counsel argued that the plaintiff’s injuries predated the accident and that his current disabilities are not related to the accident. The plaintiff suffered a brain injury three years before the accident in question and a work-related knee injury one year before the accident in question.
SETTLEMENT: The parties negotiated a pretrial settlement of $625,000 from the defendants’ primary insurance policy with $1 million in coverage.
PURKARI V. CARBONE (375/17)
VERDICT: 2020
VENUE: Supreme Queens
TYPE OF CASE: Auto Liability
FACTS: A 58-year-old office manager was hit by a car when she was in a crosswalk.
INJURIES:
- Immediately after the accident, the plaintiff received x-rays and minor treatment for pain in her back, head, neck, rib cage, and body’s left side.
- The plaintiff claimed that she suffered a nondisplaced fracture of a rib, a partial tear of her right knee’s medial meniscus, and sprain of her left hip.
- The plaintiff claimed she suffered herniations of her C5-C6, C6-C7, L2-L3, L3-L4, L4-L5, and L5-S1 interverbal discs.
- The plaintiff underwent 70 sessions of chiropractic treatment.
- The plaintiff received physical therapy.
- The plaintiff claimed that she was housebound for three months after the accident which resulted in the end of her employment.
- The plaintiff claimed that she continues to experience pain in her back and neck, limiting her ability stand or walk for long periods.
- The plaintiff’s treating orthopedist opined that the plaintiff may require further epidural injections of steroid based painkillers and a fusion of parts of her cervical and/or lumbar spine.
- Defense counsel argued that the plaintiff did not suffer serious injury as defined by the No Fault Law.
- The defense’s expert radiologist opined that the injuries were not related to the accident but rather were the result of pre-existing, degenerative conditions. He also opined that while she may have suffered a contusion, she did not suffer a fracture of her rib.
- Defense surveillance showed the plaintiff is able to perform all of her daily activities without restriction.
VERDICT: The jury found that the plaintiff suffered a serious injury and awarded $265,000.
MICHAEL SCOTT V. APNI CAR CORP AND SULEMAN ARIF (514565/16)
VERDICT: 2020
VENUE: Supreme Kings
TYPE OF CASE: Auto Liability
FACTS: A 63-year-old photographer was riding his bicycle when his rear tire was hit by a trailing vehicle and he was propelled into the roadway.
INJURIES:
- Immediately after the accident, the plaintiff underwent x-rays and minor treatment for pain in his left, nondominant arm and neck.
- The plaintiff claimed he suffered a tear of his left shoulder’s glenoid labrum and a sprain of his left thumb.
- The plaintiff claimed he suffered herniations of his C2-C3, C3-C4, C7-T1, and L4-L5 intervertebral discs and trauma induced bulges of his C5-C6, C6-C7, L1-L2, L3-L4, and L5-S1 discs.
- The plaintiff claimed to suffer from residual headaches.
- The plaintiff received fourteen months of chiropractic treatment and physical therapy.
- The plaintiff received five epidural injections of steroid based pain killers over the course of four years; three in his lumbar region and two in his cervical region.
- The plaintiff received an injection of cortisone for his left thumb.
- The plaintiff underwent neurological treatment for his headaches.
- The plaintiff claims that his back, left shoulder, and neck remain painful and that he suffers diminution of each area’s range of motion which prevents his performance of rigorous physical activities such as lifting heavy photography equipment, therefore preventing performance of job duties.
- Defense counsel argued that the plaintiff did not suffer serious injury as defined by the No Fault Law and that his shoulder injuries were degrative.
- The defense’s expert neurologist and orthopedist opined that the plaintiff’s cervical and lumbar injuries were resolved. The orthopedist opined that the plaintiff’s back, left shoulder, and neck exhibited normal range of motion.
VERDICT: The jury found the plaintiff suffered a serious injury and awarded $200,000. Prior to trial the parties negotiated a high low agreement to cap damages at $100,000 which was the limit of the defendant’s insurance coverage.
