What’s it Worth? October 19, 2021

We hope this edition of WIW finds you well. The leaves have turned, the temperature is starting to drop, there are 11 days before Halloween, 36 days before Thanksgiving and 66 shopping days before Christmas. Time seems to gain speed at this time of the year, even during a pandemic. We hope you have Trick or Treaters back in your neighborhood this year as we start to think about the Holiday 2021. Now to this week’s cases

 

SOPHIA REESE V. CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, JAQUAY WALKER, JAMES HALEY, BRIAN ALEXANDER, KIERAN FOX (2183/15)

SETTLED: 2021

VENUE: Supreme Kings

TYPE OF CASE: Automobile Liability

FACTS:  A 22-year-old barista was walking on a sidewalk when she was struck by a car that was trying to avoid hitting another car which was executing an illegal U-turn.

INJURIES:

• The plaintiff was hospitalized for 12 days following the accident for injuries to her brain, both legs including bilateral fractured femurs and a fractured patella, a rib fracture and internal injuries.
• The plaintiff became comatose.
• The plaintiff ruptured her colon.
• The plaintiff underwent surgery to repair her colon.
• The plaintiff underwent an open reduction of her femur and internal fixation of intramedullary rods and screws.
• The plaintiff claimed that her brain injury caused impairment of her memory, speech, and other elements of cognition.
• The plaintiff claimed that she suffered from post-concussion syndrome with depression, headaches, insomnia, photophobia, vestibular deficits, irregular movements of her eyes, and double vision.
• The plaintiff claimed that she suffered sprains and strains of her cervical and lumbar regions.
• The plaintiff underwent neuropsychological treatment, ophthalmological treatment, physical therapy, psychiatric counseling, and therapy to improve her cognition.
• The plaintiff underwent surgical repair of her left knee’s fracture with open reduction and internal fixation of the knee’s fractured components. She later underwent a surgical removal of the knee’s fixation hardware.
• The plaintiff claimed that she suffers permanent residual damage of her brain and that she suffers permanent residual impairment of her cognition.
• The plaintiff claimed that she developed residual osteoarthrosis in her knees, necessitating the use of a cane.
• The plaintiff claims that she is no longer capable of working full time.
• The plaintiff’s life-care-planning expert opined that she would eventually require an aide for 8-12 hours of daily assistant and recommended lifelong treatment including physical therapy, psychotherapy, and a pain-management regime.
• The expert neurologist for the defense opined that the plaintiff did not have any objective evidence of neurological deficit related to the accident.
• The defense’s expert orthopedist opined that the plaintiff fully overcame the fractures of her femurs and could return to work and other activities without restriction.

VERDICT: The parties negotiated a pretrial settlement of $4,675,000. The City of New York agreed to pay $4,650,000 and Walker’s insurer tendered its $25,000 policy.

 

DIANA KURTHY V. ELAINE SANDS (600117)

DECIDED: 2021

VENUE: Supreme Nassau

TYPE OF CASE: Motor Vehicle

FACTS: A 70-year-old tutor was struck by a car as it was executing a left turn.

INJURIES: 

• The plaintiff was hospitalized for three days following the accident.
• The plaintiff suffered a comminuted, displaced fracture of the mid-shaft region of her left clavicle.
• The plaintiff sustained fractures of six ribs.
• The plaintiff suffered herniations at C2-C3 and C4-C5.
• The plaintiff claimed that she developed an impingement of a spinal nerve and resultant radiculopathy, her arms developed residual numbness and paresthesia, and her spine’s C4 and C5 levels developed retrolisthesis, including displacement of a vertebra.
• The plaintiff received physical therapy for her injuries.
• The plaintiff claimed that she suffers residual pain and 50% residual diminution of her left shoulder’s range of motion.
• The plaintiff claims that her residual effects are permanent and that her pain necessitates the use of a prescribed painkiller.
• The defense’s expert neurologist opined that the plaintiff’s disc herniation was the result of a prior incident when the plaintiff was struck by a car. He also opined that the plaintiff’s radiculopathy was the product of carpal tunnel syndrome.
• The defense counsel argued that the plaintiff’s disc herniations were degenerative conditions.

VERDICT: The parties negotiated a pretrial stipulation that the plaintiff’s damages could not exceed $1.25 million, the limit of the defendant’s insurance coverage. The jury awarded $825,000 for past and future pain and suffering.

 

KATHRYN MUTH V. NATHAN T. CORWIN, NATHAN TAFT CORWIN, III, LAND SURVEYOR, P.C. (601791/20)

SETTLED: 2021

VENUE: Supreme Suffolk

TYPE OF CASE: Automobile Liability

FACTS: A 63-year-old retiree was crossing the street when she was hit by a pickup truck and propelled 25 feet.

INJURIES:

• The plaintiff suffered a nondisplaced fracture of her left, nondominant hand’s left metacarpal, the bone that joins the fifth finger and the base of the hand.
• The plaintiff claimed that she also suffered a tear in her left wrist’s triangular fibrocartilage complex.
• The plaintiff sustained a tear of her right shoulder’s rotator cuff.
• The plaintiff suffered contusions of her chest wall and right knee.
• The plaintiff claimed to have sustained herniations at C6-C7, L2-L3, L3-L4, and L4-L5.
• The plaintiff claimed to have sustained bulging discs at C4-C5, C5-C6, L5-S1, and T11-T12.
• The plaintiff claimed that she developed residual impingement of spinal nerves and resultant radiculopathy.
• The plaintiff claimed that her left wrist developed effusion caused by buildup of a joint’s lubricating fluid.
• The plaintiff claimed that she suffered residual headaches.
• The plaintiff underwent physical therapy, administration of nerve-block injection, administration of three sets of trigger-point injections and administration of five epidural steroid injections directed to her cervical region.
• The plaintiff underwent surgery including a discectomy with surgical excision of portions of her L2-L3, L3-L4, L4-L5, L5-S1 discs, annuloplasty with ablation and repair of the discs, and the administration of an epidural injection.
• The plaintiff claimed that her back, neck, and right shoulder remain painful, preventing her from walking for long periods or exercising.
• Doctors have recommended that the plaintiff receive further surgery to repair her shoulder and spine’s lumbar region
• The doctor also recommended further administration of epidural injections.
• The plaintiff has scars on her right knee from the incident.

SETTLEMENT: The parties negotiated a pretrial settlement in which the defendant’s insurer tendered its full $500,000 policy.