XVI/48-20 MOTOR VEHICLE REAR END LIABILITY CONCEDED NO- FAULT QUESTION ON HERNIA TED CERVICAL DISC

Emily Lynn and Robert B. v. Sandra Lundell and Elliot Jonas 2385/97 4-day trial Verdict 5/21/99 SuffoIk Supreme

Judge: Jack I. Cannavo.

Verdict: $218,500 for Emily B. (5/1). Breakdown: $40,000 for past pain and suffering; $33,500 for past lost earnings; $50,000 for future pain and suffering; $30,000 for future lost earnings; $50, 000 for future medical expenses; $15,000 for future physical therapy. $20,000 for spouse for loss of services. Post-trial motions were denied. Jury: 4 male, 2 female.

Pltf. Atty.: Daniel P. Buttafuoco of Daniel Buttafuoco and Assoc., Woodbury.

Deft. Atty.: James F. Furey of Perez and Furey, Uniondale.

Facts: This motor vehicle accident took place on 7/30/96 at the intersection of Marie Drive and

Southdown Rd. in Huntington. Pltf., a 36-year-old self-employed piano teacher, claimed that her vehicle was struck in the rear by a vehicle driven by Deft. Lundell and owned by Deft. Jonas while she was stopped at a stop sign. Liability was conceded and this trial was on the issue of damages.

Injuries: herniated cervical disc at C5-6 with nerve impingement. Pltf. was out of work for 6 weeks following the accident. She underwent physical therapy and claimed that she still experiences pain. Pltf.'s expert testified that her injury is permanent, and that future surgery is likely. Deft. denied that Pltf. sustained a serious injury under the No-Fault Law, Insurance Law § 5102( d). Deft. contended that there was an incidental MRI finding, and claimed that the injury is not causally related to the accident. Deft. further contended that there was no nerve compression. The jury found that there was no permanent consequential limitation of use of a body part or function and no significant loss of use, but found that Pltf. met the 90/180 day threshold.

Demonstrative evidence: photos of Pltf.'s vehicle; charts of herniated discs; MRI films; model of the spine. Offer: $80,000; demand: $250,000. Jury deliberation: 5 hours. Carrier: Chubb.

Pltf. Experts: Dr. Ali Guy, physiatrist, Manhattan; Dr. Jeffiey Klein, spine surgeon, Brooklyn.

Deft. Expert: Dr. Edward Ryan, neurosurgeon, Huntington.