XII/42-11 MOTOR VEHICLE LEFT TURN HERNIATED CERVICAL AND LUMBAR DISCS AND TEMPOROMANDIBULAR JOINT SYNDROME

Felice C. v. Eun Joo Choi 29073/92 3-day trial Verdict 3/29/95

Judge Thomas V. Polizzi, Queens Supreme

VERDICT: Liability: Deft. 100% negligent (6/0). The case settled before the damages trial for $100,000 (policy). Jury: all female.

Pltf. Atty: Edward J. Nitkewicz of Daniel P. Buttafuoco & Associates, Mineola.

Deft. Atty: Robert H. Ringer, Brooklyn, for Scalzi & Nofi, Melville.

Facts: The incident occurred on 9/25/92 at 6 p.m. on Rte. 110 at the intersection with the Westbound service road of the long island Expressway in Huntington. Pltf., a 27 year old account executive for a radio station was traveling southbound in the left lane and Deft. was drtiving Northbound on 110. Pltf. claimed that Deft. attempted to make a left turn across the southbound traffic to enter the expressway, when she lost control of her vehicle and spun into the path of the Pltf.'s car. Pltf. argued that Deft. failed to yield the right-of-way when he was in the intersection. Deft. contended that Pltf. was 200 yards away from the intersection when she began her turn. She also contended that Pltf. was speeding.

Injuries: (not before the jury settled for $100,000) herniated discs at C5-6, C6- 7, and L5-S I; temporomandibular joint syndrome. Demonstrative evidence: diagram of accident scene; photographs of the intersection. Specials: approximately $5,700 for medical expenses; approximately $11,500 for lost earnings. Offer: $75,000; demand: $100,000 ( policy). Jury deliberation: 1 hour and 30 minutes. Carrier: State Farm. There was no expert testimony.