VIII/45-11  MOTOR VEHICLE --REAR END --HERNIATED CERVICAL AND LUMBAR DISCS DISPUTED

James and Ada G. v. Craig and Antonio Augugliaro 16088/88 2-day trial on liability Verdict 4/16/91   11 day trial on damages Verdict 5/2/911

Judge Ralph Yachnin, Nassau Supreme.

VERDICT: $433,003 for James G.; $23,400 for Ada G. for loss of services (6/0). Breakdown: $50,000 for past pain and suffering; $200,000 for future pain and suffering; $30,000 for future medical expenses; $129,633 for lost earnings. Post-trial motions were denied.

Pltf. Atty: Charles Gucciardo of Daniel P. Buttafuoco & Assoc.,Mineola

Deft. Atty: Robert H. Ringer of Stanley Waxman, Great Neck.

Facts: This motor vehicle accident occurred on 7/27/87 at 1:30 PM on Hempstead Tpke. in Elmont. Pltf., a 62-year-old senior storekeeper for the Board of Education, was stopped behind other vehicles in the left lane waiting to turn left into a parking lot when his vehicle was struck in the rear by Deft. with enough force to bend the chassis. Deft. testified that he never saw Pltf.'s vehicle before impact.

Injuries: herniated disc at L4-5 confirmed by MRI; possible herniation at C4-5. Deft. contended that Pltf.'s injuries were the result of pre-existing arthritic conditions and degenerative spondylolisthesis. Deft.'s neurologist testified that although the MRIs appeared to show herniated disc, there was no actual herniation. Pltf. was 2 and 1/2 years from retirement age at the time of the accident.

He called a representative from the Board of Education who testified that if Pltf. had worked until age 65, he would have received 55% of his salary as a pension. Specials: $30,000 estimated for two future laminectomies. Offer: $100,000; demand: $300,000. Jury deliberation: 35 minutes on liability; 2 and 1/2 days on damages.

Pltf. Expert: Dr. A. Philip Fontanetta, orth. surg., Garden City.

Deft. Experts: Dr. Leon Sultan, orth. surg., Franklin Square, Dr. Irwin Schlesinger, neurosurgeon, Manhasset.