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This action settled during jury selection for a structured settlement with a cash value of $1,500,000 and a total payout of $2,749,100. Pltf., a 39-year-old wine sales executive at the time, claimed that on 8/12/92 at 8:45 AM his vehicle was sideswiped by Deft.'s car as he was traveling northbound on the Cross Island Pkwy. in Queens. Pltf. claimed that Deft. made an improper lane change from the middle lane into the left lane. The left rear section of Deft.'s vehicle struck the right front section ofPltf.'s car. Pltf. testified that his vehicle then hit the center divider and overturned.
Deft. claimed that she looked for traffic prior to changing lanes. She denied that there was contact between the vehicles.
Injuries: comminuted fracture of the left talus; nasal fracture; fracture of the left orbital floor; comminuted fracture of the left tibial plateau resulting in knee reconstruction and total knee replacement. Pltf. testified that he walks with a slight limp and has restricted mobility in his knee and ankle. He underwent physical therapy and medical treatment. Pltf. testified that he was ultimately fired from his job because he was unable to perform the work. He was earning $52,000 per year at the time of the accident. Demonstrative evidence: photographs of Pltf.'s car showing red paint from Deft.'s vehicle; model of the knee; artist rendition of the knee replacement surgery. Carrier: Allstate. |