New York Queens County
Head-On — Motor Vehicle
OFFER BEFORE TRIAL: $0
Verdict (P) $150,000
Case A v. M and I
Court Queens Supreme Judge Martin E. Ritholtz
Justin M. Blitz, Schulman Blitz, LLP, New York, NY (Mr. A)
Facts & Allegations
On March 2, 2009, plaintiff, a 34-year-old man on disability, was driving along the Long Island Expressway in Syossett, with co plaintiff as passenger, when M, who was driving a vehicle owned by I, lost control of the vehicle struck the guardrail and then struck Alamo’s vehicle head-on. Alamo sustained injuries of the back and neck and Obando sustained injuries of the knee.
A sued M and I, alleging that M was negligent for failing to control his vehicle, and that I was vicariously liable.
herniated disc at L5-S1; herniated disc at C5-6; herniated disc at C6-7; epidural injections; physical therapy; torn meniscus; arthroscopy
Alamo sustained herniated discs at C5-6, C6-7 and L5-S1.
He was taken by ambulance to North Shore Syosset Hospital, where he was treated and released.
He subsequently treated with physical therapy for some ten months, and underwent one epidural injection to his lower back. A claimed to suffer pain and limitation that affected his ability to perform daily chores and his relationship with his partner.
Alamo’s expert neurosurgeon opined that Alamo’s injuries were the result of the car accident.
Defendants contended that A’s injuries did not meet the threshold for serious injury, the the injuries were the result of an unrelated a stabbing incident in 2004, in which A was stabbed some 19 times.
Defendants’ expert radiologist opined that the injuries were degenerative in nature, and the expert orthopedist opined the injuries were not related to the accident.
The jury awarded A $150,000.
Trial Details Trial Length: 3 Days
Jury Deliberations: 4 Hours