What’s it Worth? February 11, 2022

Today the New York State Unified Court System celebrates Lincoln’s birthday. Those of you who are fans of the television comedy The Odd Couple may remember Oscar and Felix as contestants on the game show Password. The word was “gravy”. Betty White went first with the clue “sauce” which elicited the response “mayonnaise”. Oscar’s clue to Felix was “meat” to which Felix replied “Lincoln”. When the round was over a bewildered Oscar looked at Felix who replied, “It’s a known fact Lincoln loved mayonnaise”. Now on to this week’s cases.

 

CICELY PREVOST V. MAHENDRASINGH KESHARSINGH RATHOD, FLY EAGLES FLY LOGISTIC, LLC (1083/20)

SETTLEMENT: 2022

VENUE: Supreme Orange

TYPE OF CASE: Automobile Liability

FACTS: A 45-year-old nurse was the second car stopped at a red light when she was hit in the rear, propelling her vehicle into the car in front of her.

INJURIES:

• Immediately after the accident, the plaintiff underwent minor treatment.
• The plaintiff claimed disc herniations at C5-C6 and C6-C7.
• The plaintiff claimed that she tore her shoulder’s supraspinatus tendon, part of the rotator cuff.
• The plaintiff claimed that she tore her right, dominant shoulder’s infraspinatus tendon, part of the rotator cuff.
• The plaintiff suffered trauma which led to her right wrist’s development of carpal tunnel syndrome.
• The plaintiff underwent conservative treatment consisting of chiropractic manipulation, physical therapy, and the administration of epidural injections of steroid-based painkillers for four months.
• The plaintiff underwent a surgery including a discectomy, excision of her C5-C6 and C6-C7 discs, fusion of the corresponding levels of her spine, a corpectomy, excision of portions of her C5, C6, and C7 vertebrae, implantation of stabilizing hardware, and application of a stabilizing graft pf bony matter.
• The plaintiff underwent a surgical release of her wrist’s median nerve.
• After her surgeries, she resumed physical therapy and chiropractic manipulation.
• The plaintiff claimed that her right shoulder has developed complex regional pain syndrome, chronic neurological condition that is typically characterized by sever pain, pathological changes of bone and skin, swollenness, and/or increased sensitivity to physical stimulus.
• The plaintiff claimed that her neck and left shoulder remain painful, and residual effects prevent her performance of her job’s duties.
• The plaintiff did not returned to work after the accident.
• The plaintiff claimed that she requires further fusion of her spine’s cervical region and arthroscopic surgery on her right shoulder.
• The defense counsel claimed that the accident cause nothing more than sprains and strains of the plaintiff’s neck and shoulders.
• The defense counsel argued that all other conditions were degenerative.
• The defense counsel contended that the plaintiff achieved a good recovery, can perform some work, and that the surgery on her right wrist was not necessary.

SETTLED: The parties negotiated a pretrial settlement. The defendant’s insurer agreed to pay $945,000 from a policy that provided $985,000 of coverage after payment of a vehicular-damage claim related to the accident.

 

LAWRENCE A. FRAZIER V. YVES VOLCY ALAM & SONS, INC. (521863/17)

DECISION: 2022

VENUE: Supreme Kings

TYPE OF CASE: Automobile Liability

FACTS: A 31-year-old store stocker was driving through an intersection when his vehicle was struck by a car executing a left turn.

INURIES:

• Two days after the accident, the plaintiff sought a medical evaluation and underwent minor treatment.
• The plaintiff claimed a herniated L4-L5 disc.
• The plaintiff sustained a tear of his left shoulder’s glenoid labrum and trauma that produced impingement of the same shoulder.
• The plaintiff claimed that his left shoulder developed bursitis and synovitis, inflammation of joint-lining membrane.
• The plaintiff claimed that his herniated desk caused impingement of a spinal nerve and resultant radiculopathy.
• 61 days after the accident, the plaintiff underwent an arthroscopic surgery to address his left shoulder, including reattachment of the glenoid labrum, debridement of the glenoid labrum and rotator cuff, an acromioplasty with excision of the bone, a bursectomy with excision of an inflamed bursa, and a synovectomy involving excision of inflamed tissue.
• The plaintiff underwent 13 weeks of physical therapy.
• The defense counsel argued that the plaintiff did not suffer a serious injury and that any injuries that he did suffer were not a related to the accident.

VERDICT: The parties negotiated a pretrial stipulation that the damages could not exceed $100,000, the limit of the defendant’s insurance coverage. The jury awarded $450,000 in past and future pain and suffering, but the recovery was limited as per the stipulation to $100,000.

 

VALERIE B. CALISTRO V. DANIEL IANNARELLI

DECIDED: October 14, 2021

VENUE: Westchester Supreme

TYPE OF CASE: Automobile Liability

FACTS: A 51-year-old attorney was stopped in traffic when her car was struck in the rear by a trailing pickup truck.

INJURIES:

• The plaintiff claimed she suffered herniations of her C2-C3, C3-C4, C4-C5, C5-C6, and C6-C7 intervertebral discs.
• The plaintiff claimed that she developed residual impingement of a spinal nerve and resultant radiculopathy.
• The plaintiff claimed she suffered a tear of her left shoulder’s supraspinatus tendon, a part of the rotator cuff.
• The plaintiff suffered trauma which produced impingement of her left shoulder.
• The plaintiff underwent physical therapy for seven months and chiropractic manipulation for four weeks.
• The plaintiff received a cortisone injection in her left shoulder.
• The plaintiff claimed that she continues to suffer residual pain and diminution of her left shoulder’s and neck’s range of motion.
• The plaintiff claimed that she will require a cervical fusion and a left shoulder arthroscopy.
• The defense counsel argued that she did not suffer a serious injury and would not require future surgery.

VERDICT: The jury awarded $10,000 for past pain and suffering and $10,000 for past medical expenses. As for the future, the jury apparently believed the plaintiff would require significant treatment in the coming years and awarded $230,000 in future medical expenses but awarded $0 for future pain and suffering. The future medical expenses award appears inconsistent with the future pain and suffering award.