XVI/6-45 MOTOR VEHICLE PASSENGER RIB FRACTURES AND HERNIA TED LUMBAR DISCS

SETTLEMENT: John L. v. Adam Steinmetz; Elrac, Inc.; and Enterprise Rent-A-Car 127807/95 Date of Settlement 4/28/98 New York Supreme

Pltf. Atty: James V. Mattone of Daniel P. Buttafuoco & Associates, Mineola.

This action settled after jury selection for $125,000. Pltf., a 22- year-old cook and volunteer fireman, claimed that on 7/23/95 at 3:30 AM he was a passenger in a vehicle driven by Deft. Steinmetz. They were near the intersection of Manetto Hill Rd. and Robin Lane in Plainview when, he claimed, the vehicle was cut off by an unknown car. Deft. swerved, hitting a tree and fence. Steinmetz was driving a vehicle that was leased by Deft. Enterprise. Pltf. and Deft. had been drinking at a bar earlier that evening. Pltf. claimed that Deft. had more than two beers and two shots. Deft. claimed that he drank two beers and two shots over a 4-hour period. Pltf. was asleep in the front seat and could not recall how the accident occurred. He was rendered unconscious at the scene. Deft., who had a BAC of .17, was arrested and pleaded guilty to driving while ability impaired.

Injuries: two fractured ribs; herniated lumbar discs at L3-4 and L4-5 .Pltf. suffered a seizure at the hospital and was treated with Dilantin. Offer: $50,000; demand: $500,000. Carrier: Travelers.