MOTOR VEHICLE NEGLIGENCE. Intersection Collision. DEFENDANT'S VERDICT

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REFERENCE

Reina Morales vs. Robert L. Trombley and Granite

Works, Inc. Index no. 303809/2012, 07-16-13.

Attorneys for plaintiff: David L. Scher and Stephen J.

Murphy of Block O’Toole & Murphy in New York, NY.

DEFENDANT’S VERDICT

Motor Vehicle Negligence – Auto/Pedestrian

Collision – Elderly decedent is allegedly struck and

killed by right-turning tractor trailer as she is

crossing in crosswalk – Decedent is found under

rear wheels of tractor trailer with degloving

injuries to ankle area and pelvic fractures.

Queens County, NY

This was a death action involving an 81-year-old

decedent in which the plaintiff contended that the

death was caused by the negligent failure of the

defendant tractor trailer driver to make adequate

observations as he swung to the left in order to

make a right turn. The plaintiff maintained that

the decedent was struck after crossing

approximately halfway in the crosswalk in the

uncontrolled intersection. The defendant

contended that as he was making the turn, an

unidentified car that was behind him, passed him

on the right, striking the decedent and that the

decedent then fell under the tractor trailer.

The plaintiff presented a non-party witness who testi-

fied that although he did not see the actual impact,

the decedent appeared to walk beyond the front of

the truck and then spin around as if clipped by the

truck, and fall. The non-party witness did not observe

a phantom automobile.

The decedent’s injuries included degloving injuries in

the area of the ankle and pelvic fractures. The defen-

dant contended that the in view of the 36 inch dis-

tance between the ankle and the pelvis, it was clear

that the decedent did not suffer the injuries from be-

ing run over by the tractor trailer. The defendant’s ex-

pert biomechanical engineer maintained that it was

much more likely that the decedent was initially struck

by the automobile and then fell under the tractor

trailer, accounting for such injuries.

The plaintiff maintained that the decedent lived from

eight to 14 minutes after being struck. The plaintiff’s

witness testified that he observed the decedent

groaning and appearing to attempt to move and the

plaintiff maintained that the conscious pain and suf-

fering was extensive. The EMTs reported that when

they arrived eight minutes after the collision, the

decedent was not conscious.

The decedent left several children and grandchildren

and the plaintiff contended that the death occa-

sioned a loss of guidance and advice. The incident

occurred as the decedent was going to the ceme-

tery to visit the grave of her late husband.

The jury found that the defendant was not negligent.

REFERENCE

Plaintiff’s biomechanical engineering expert: David

Delonga, MD, PE from Pensacola, FL. Defendant’s

accident reconstruction expert: Bruce Gambardella

PE from Sring Valley, NY. Defendant’s biomechanical

engineering expert: Leon Kazarian, PhD from

Bellbrook, OH.

Karadiakis vs. GKK Pope Trucking, et al. Index no.

15175/10; Judge Alan Weiss, 05-03-13.

Attorney for defendant: Jeffrey Van Etten of Kral

Clerkin Redmond Ryan Perry & Van Etten, LLP in New

York, NY.

Intersection Collision

DEFENDANT’S VERDICT

Motor Vehicle Negligence – Intersection Collision

– School bus matron contends that she is injured

when defendant negligently strikes her bus – Disc

bulges at C3-4, C5-6 and C6-7 – Herniated discs

at C5-6, C6-7 and L4-5 – Anterior discectomy and

fusion – Lumbar fusion surgery.

Kings County, NY

In this motor vehicle negligence action, the

plaintiff, a 47-year-old bus matron, contended

that the defendant driver struck the bus in which

the plaintiff was a passenger causing her serious

injury. The plaintiff sued two defendants, alleging

that the driver of the vehicle was negligent and

the owner of the vehicle was vicariously liable.

The defendants maintained that the negligence of

the bus driver caused the collision.

On the day in question, the plaintiff was a passenger

in a school bus traveling eastbound when the bus

was struck on the passenger’s side by an SUV being

driven southbound by the defendant driver. The plain-

tiff contended that the bus entered the intersection

under a green light and that the defendant’s vehicle

suddenly appeared in their lane, causing the colli-

sion. She contended that the defendant failed to

properly stop at the stop sign permitting him into the

intersection and failed to yield to traffic. The plaintiff

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