XXIII/11-14 MOTOR VEHICLE - Pedestrian

Oncoming car not visible, struck man claimed.

Settlement- $300,000 Brendan O. and Rosalie O. v. Eddie H. Piedra, Associates Leasing, Inc. and One Source Corp., No. 8076/03
Court: Queens Supreme
Judge: Valerie Brathwaite Nelson    Date: 6/3/2005
Pltf. Atty(s): Daniel P. Buttafuoco, Daniel P. Buttafuoco & Associates, Woodbury , NY.
Def. Atty(s): Stephen J. McGiff, McGiff & Zukowski P .C., Patchogue, NY.

Facts & Allegations: At approximately 5:40 a.m.on Jan. 20,2003, plaintiff Brendan O., 59, a union carpentry instructor and a part-time pastor, was struck by a motor vehicle. The incident occurred on Duffy Avenue, near its intersection with Newbridge Road, in Hicksville. O. claimed that he sustained multiple injuries.

O. sued the vehicle's driver, Eddie Piedra; the vehicle's lessor, Associates Leasing Inc.; and Piedra's employer, One Source Corp. He alleged that Piedra was negligent in the operation of his vehicle, that Associates Leasing was vicariously liable for Piedra's actions and that One Source was liable because the accident occurred within the scope of Piedra's employment. O. claimed that he looked for oncoming traffic, observed that there was none, and stepped onto Duffy Avenue. He contended that the incident occurred after he had crossed 2.5 lanes of traffic. As such, he argued that Piedra had sufficient time to see and avoid him. He also contended that O. had not activated his vehicle's lights.Piedra contended that the intersection's traffic signal was green and that his vehicle's lights had been activated. He claimed that Piedra was imperceptible because he was wearing dark clothing and because he was approximately three car lengths away from the crosswalk.
In response, O. contended that the collision occurred approximately one car length away from the crosswalk.

Injuries/Damages: Embolism; fracture, rib; pulmonary; punctured lung; torn meniscus; torn rotator cuff. The trial was bifurcated, so damages were not before the court.
O. was placed in an ambulance and transported to Nassau University Medical Center, in East Meadow, where doctors determined that he had sustained 12 rib fractures, a punctured lung, a tear of his left knee's meniscus and a tear of his left (nondominant) shoulder's rotator cuff. O.'s hospitalization lasted eight days, but he subsequently developed a pulmonary embolism that necessitated his admittance to another hospital, where he underwent insertion of a Greenfield filter . O.'s medical expenses were paid by no-fault insurance. His past lost earnings were paid by his union, but he claimed that he was not reimbursed for $10,000 in overtime pay that he could have earned. He sought recovery of the overtime pay, $100,000 in future medical expenses, and damages for his past and future pain and suffering. His wife, Rosalie, presented a loss-of-services claim. The defendants contended that O. recovered well and that he has resumed both of his jobs.

Result:The jury rendered a plaintiffs' verdict, but O. was assigned 50% comparative negligence. Prior to the scheduled start of the damages trial, the parties agreed to a $300,000 settlement. The money was allocated to O.'s past and future pain and suffering.
Demand: $900,000
Offer: $100,000