XV/41-20 MOTORVEHICLE CENTERLINE BILATERAL TMJ

Kim D. v. Elaine Squadrito and John Goldstein 032072-93 3-day trial Verdict 3/3/98 Nassau Supreme

Judge: Ute Wolff Lally

Verdict: Pltf.'s verdict on liability v. Squadrito. Defense verdict for Goldstein (6/0). Deft. Squadrito settled during the damages trial for $75,000. Post-trial motions were denied. Jury: 3 male, 3 female.

Pltf. Atty: James V. Mattone of Daniel P. Buttafuoco, Woodbury.

Deft. Atty: Joseph Varvaro of  Eustace & Furey, Uniondale, for Goldstein, Gary A. Teubner of Frank V. Merlino, Garden City, for Squadrito

Facts: The accident occurred on 8/23/93 at 9:20 AM at the intersection of Broadway and Pittsburgh Rd. in Massapequa. Pltf., a 27-year-old graphic artist, claimed that she was driving on Broadway when Deft. Squadrito (100% liable), traveling in the opposite direction, crossed the double yellow lines and struck Pltf. s vehicle head-on. Deft. Squadrito claimed that she was cut off by Deft. Goldstein (defense verdict),  causing her to swerve into Pltf. s lane. There was no contact between the Squadrito and Goldstein vehicles. Deft. Goldstein claimed that he had stopped his vehicle after the accident to offer assistance, and was mistakenly identified by Deft. Squadrito as the driver of the vehicle that cut her off. Pltf. could not identify either car. Deft. Squadrito was granted an emergency charge.

Injuries: (settled during the damages trial for $75,000) bilateral temporomandibular joint dysfunction. Demonstrative evidence: poster depicting TMJ. Specials: $6,200 for medical expenses; $2,080 for lost earnings. Offer: $10,000; demand: $100,000. Jury deliberation: 2 hours. Carriers: Chubb for Goldstein; Allstate for Squadrito.

Pltf. Expert:

Dr. Vincent LaBruna, dentist, Manhattan

Deft. Expert:

Deft. would have called Dr. Barry Cooper, dentist and TMJ specialist.