What’s it Worth? March 22, 2022

It’s March and the Madness is on. St. Peter’s University, formerly known to those who hailed from Jersey City, New Jersey as the “College on the Boulevard” is in the Sweet Sixteen having defeated basketball royalty in the University of Kentucky and 31-3 Ohio Valley Conference Champion Murray State. A Wall Street Journal headline aptly referred to the Peacocks as “the Unknown, Underfunded Underdogs.” Best of all for those of us at C&C, the original Connors of Connors & Connors was a 1949 graduate and proud alumnus of the “College on the Boulevard”. Let’s go Peacocks!

 

KEITH GRANT V. KAYLA M. JOYCE, JOHN J. CURRERI (20198/18)

DECISION: 2022

VENUE: Supreme Bronx

TYPE OF CASE: Motor Vehicle

FACTS: A 59-year-old medical waste collector and taxi driver was proceeding through an intersection when his car’s right front corner collided with the left front corner of another car.

INJURIES:

• Immediately after the accident, the plaintiff was transported to the hospital where his respiration was impaired and he complained of pain in his back, chest, left ankle, and right, dominant shoulder.
• The following day, the plaintiff returned to the hospital complaining of pain in his back and right shoulder.
• The plaintiff claimed that he suffered a full-thickness tear of his right shoulder’s supraspinatus and infraspinatus tendons.
• The plaintiff claimed he suffered a tear of the anterior and posterior regions of the same shoulder’s glenoid labrum (SLAP lesion).
• The plaintiff claimed he suffered trauma which produced impingement of the right shoulder.
• The plaintiff claimed that the shoulder developed synovitis, including inflammation of the joint-lining membrane and adhesive capsulitis (frozen shoulder).
• The plaintiff claimed he had herniations of his C3-C4, C4-C5, C5-C6, C6-C7, C7-T1, L3-L4, L4-L5, and L5-S1 intervertebral discs.
• The plaintiff claimed he suffered trauma induced bulges of his C2-C3 and L2-L3 discs.
• The plaintiff claimed the bulging and herniated discs caused impingement of spinal nerves, and he claimed that he developed resultant radiculopathy that stemmed from his lumbar region.
• The plaintiff claimed he suffered a tear of his left ankle’s anterior talofibular ligament, tear of his left calcaneofibular ligament (joins the ankle and heel), and that his foot has developed plantar fasciitis.
• The plaintiff immediately started a course of chiropractic manipulation and physical therapy three times a week for six months, then reduced to once a week for insurance purposes.
• The plaintiff received a cortisone injection in his right shoulder and an epidural injection of a steroid-based painkiller in his cervical region.
• Eleven months after the accident, the plaintiff underwent decompressive arthroscopic surgery that addressed his right shoulder and included debridement of damaged tissue, an acromioplasty including excision of bone, and a synovectomy including excision of inflamed tissue.
• After the surgery, the plaintiff resumed physical therapy once a week.
• The plaintiff claimed that his injuries prevented him from driving a taxi for two weeks immediately after the accident of taxi work, while he continued to work at his other job. After the surgery, he was unable to work at either job for three weeks and he has not returned to his taxi job since the surgery.
• The plaintiff claims that his back, neck, and right shoulder remain painful, that his left ankle occasionally develops pain, and that his residual effects prevent his performance of strenuous activities such as lifting heavy objects.
• The defense counsel argued that the plaintiff did not suffer a serious injury, but the judge ruled otherwise.

VERDICT: The jury found that the drivers were equally liable for the accident. The jury granted $500,000 for past and $750,000 for future pain and suffering. While the jury awarded $1.25 million,  the plaintiff only recovered $625,000 due to the comparative negligence reduction.

 

ELIZABETH BRUNS V. KATHERINE GUERIN, PHILIP GUERIN (56189/18)

SETTLED: 2022

VENUE: Supreme Westchester

TYPE OF CASE: Automobile Liability

FACTS: A 41-year-old homemaker was driving through an intersection when her car was struck by a car executing a left turn.

INJURIES:

• The day after the accident, the plaintiff went to the hospital where she received a CT scan and medication.
• The plaintiff claimed that she suffered a concussion and resultant brain damage.
• The plaintiff claims she suffers post-concussion syndrome, including headaches and emotional distress.
• The plaintiff claimed that her brain’s injury caused impairment of her memory.
• The plaintiff claimed the accident aggravated preexisting conditions: a herniation of her C5-C6 intervertebral discs, residual impingement of a spinal nerve, and resultant radiculopathy.
• The plaintiff underwent six months of occupational and physical therapy which she claims was unsuccessful.
• The plaintiff underwent a C5-C6 discectomy.
• Two years after the first surgery she underwent a fusion at the C5-C6 level.
• The plaintiff claims she suffers residual pain and physical limitations.
• The plaintiff claims that her memory remains impaired.
• The plaintiff claims that she will require further physical therapy, pain management, and surgery at a cost of approximately $1 Million.

SETTLEMENT: The parties agreed to a settlement of $950,000 from a policy that provided $1 million in insurance.

 

JEAN E. BAPTISTE V. BRIAN JOEL, TAN ADVERSALO, MERLYN A. ADVERSALO (713672/17)

DECIDED: December 13, 2021

VENUE: Supreme Queens

TYPE OF CASE: Automobile Liability

FACTS: A 40-year-old seasonal maintenance worker was stopped in traffic when his car’s rear end was struck by a trailing car.

INJURIES:

• The plaintiff claimed he sustained a tear of the posterior horn of his left knee’s medial meniscus.
• The plaintiff claimed he suffered herniations of his C3-C4, C4-C5, and L4-L5 discs.
• The plaintiff claimed he suffered trauma that produced bulges of his C6-C7, T1-T2, T2-T3, T3-T4, T11-T12, L2-L3, L3-L4, and L5-S1 discs.
• The plaintiff commenced a course of physical therapy immediately after the accident.
• The plaintiff underwent the administration of painkilling trigger-point injections.
• The plaintiff underwent a left knee arthroscopy.
• The plaintiff underwent a laminectomy involving excision of portions of his L4 and L5 vertebrae.
• The plaintiff underwent a percutaneous discectomy that involved excision of a portion of his C4-C5 disc.
• The plaintiff claims he suffers residual pain which further restrict his movement and prevent him from performing any type of work.
• The plaintiff has not worked since the accident.
• The defense argued the plaintiff did not suffer a serious injury as defined by the no-fault law and that the accident involved a minor collision that could not have caused the injuries the plaintiff alleged.
• The defense also argued the plaintiff has returned to an active life.

VERDICT: The jury found that the plaintiff did suffer a serious injury. The jury awarded $100,000 for past and $75,000 for future pain and suffering, $85,000 for past and $100,000 future lost earnings and $200,000 for future medical expenses.