MOTOR VEHICLE NEGLIGENCE. $______ RECOVERY - FAILURE TO STOP AT STOP SIGN - MULTIPLE NONFRACTURE INJURIES TO FACE - FACIAL INJURIES HEAL WITHOUT NOTICEABLESCARRING - TWO CERVICAL AND THREE LUMBAR HERNIATIONS REQUIRINGSURGERY

• Pages: 19-19

$4,600,000 RECOVERY - FAILURE TO STOP AT STOP SIGN - MULTIPLE NON-

FRACTURE INJURIES TO FACE - FACIAL INJURIES HEAL WITHOUT NOTICEABLE

SCARRING - TWO CERVICAL AND THREE LUMBAR HERNIATIONS REQUIRING

SURGERY

New York County, NY

The plaintiff driver, in his early 50’s, contended

that the defendant driver negligently failed to

obey a stop sign, causing the collision. Plaintiff

claimed that defendant failed to yield the right-of-

way and struck plaintiff, where there was very

little traffic at the time. The defendant contended

that she came to a complete stop, looked in both

directions, which appeared clear for her to

proceed, and that she did not see the plaintiff’s

vehicle. The plaintiff’s motion for Summary

Judgment on liability was granted in 3-14. The

plaintiff maintained that he sustained lacerations

and avlusions to various areas of the face that

required closure. The plaintiff also contended that

he sustained cervical herniations at two cervical

and three lumbar levels, and needed both cervical

and lumbar fusions. The plaintiff, who was a

mechanical engineer and rigger, supported that

because of the injuries, he was permanently

unemployable. The defendant had $500,000 in

primary coverage, and a $5,000,000 umbrella.

The plaintiff maintained that he suffered

polyfacial trauma with lacerations and avulsions

to the left forehead, right upper eyelid, left upper

lip, and right lateral forehead. The plaintiff

further contended that he suffered herniations at

C4-5 and C5-6, as well as L3-4,L4-5 and L5-S1

that were confirmed by MRI. The plaintiff

maintained that after a conservative course of

therapy proved to be inadequate, he underwent

fusion surgery in both the cervical and lumbar

areas. The plaintiff maintained that despite the

surgery, he will permanently suffer very extensive

pain and weakness, and will require on-going

medical monitoring, medications, and physical

therapy. The plaintiff would have introduced

approximately $900,000 in future medical costs.

The defendant denied that the plaintiff will

require future care. The plaintiff related that his

duties as a mechanical engineer, and riggers

entailed heavy physical work. The plaintiff

contended that he will be permanently unable to

return to either this type of work, or lighter work.

The plaintiff would have introduced income claims

of approximately $1,000,000. The defendant

contended that even if the plaintiff cannot return

to heavy physical labor, there are a myriad of

alternative jobs he can do.The plaintiff countered

that he is unable to sit or stand for long periods,

and that in view of this evidence, it is highly

doubtful that he could perform such sedentary

work,evenifhewastofindsuchajob.The

plaintiff would have also argued that in view of

his age, it is highly doubtful that he could obtain a

job offer.

The case settled prior to trial for $4,600,000.

REFERENCE

Ferraro vs. Cohn. Index no. 154381/13, 08-18-14.

Attorneys for plaintiff: Stephen J. Murphy (lead) and

Michael J. Hurwitz of Block O’Toole & Murphy, LLP in

New York, NY.

$3,500,000 VERDICT - MOTOR VEHICLE NEGLIGENCE - HEAD-ON COLLISION -

PLAINTIFF DRIVER SUFFERS TWO CERVICAL HERNIATIONS - PROBABLE NEED FOR

FUTURE FUSION SURGERY

Somerset County, NJ

The plaintiff driver’s motion for summary

judgment was granted in this case, in which the

plaintiff contended that the defendant, oncoming

driver, crossed the center line and struck her

vehicle head-on. The plaintiff was 23 years old at

the time - and 27 years old at trial - and

maintained that she suffered two cervical

herniations. The plaintiff stated that it is likely that

shewillrequireafuturecervicalfusion,andthat

the affects of the injuries will be permanent. The

plaintiff related that she developed cervical

symptoms shortly after the collision. The plaintiff

underwent an MRI that confirmed two cervical

herniations, and embarked on a conservative

course of treatment, including physical therapy,

and maintained that this modality provided very

limited relief only. The plaintiff also related that

she obtained only marginal improvement from

medication, and that although she underwent

trigger point injections, the injections provided

only short-term benefits.

The defendant had $250,000 in coverage. The plain-

tiff filed an offer of judgment for the policy amount.

The defendant offered $50,000. The jury awarded

$3,500,000.

REFERENCE

Deckmar vs. Maltese. Docket no. -L-291-12; Judge

Hany A. Mawla, 02-03-15.

Attorney for plaintiff: Andrew A. Fraser and William

B. Thayer of Laddey Clark & Ryan, LLP in Sparta, NJ.

SUPPLEMENTAL VERDICT DIGEST 19

New York Jury Verdict Review & Analysis

Subscribe Now