XX/5-18 MOTOR VEHICLE - AMBULANCE STRUCK IN REAR- SUMMARY JUDGMENT ON LIABILITY NO-FAULT QUESTION ON HERNIATED LUMBAR DISCS, POST-TRAUMATIC STRESS DISORDER, AND UROLOGICAL INJURIES- SURVEILLANCE VIDEO.

Christopher S. v. James Zeagers and Sterlco Inc. 656/99 11-day trial Verdict 6/10/02 Queens Supreme
Judge: Phyllis Orlikoff Flug
Verdict: $350,000 (6/0). Breakdown: $15,000 for past pain and suffering; $15,000 for future pain and suffering (5 years); $140,000 for past lost earnings; $50,000 for future lost earnings (3 years ); $30,000 for past medical expenses; $100,000 for future medical expenses (8 years). Jury: 5 male, 1 female.

Note: Initially the jury returned with a verdict awarding no damages for past pain and suffering, and $30,000 for future pain and suffering (for 0 years). The verdict also did not indicate a period of time for the future lost earnings. The court instructed the jury to correct these inconsistencies, which they did, resulting in the above-listed verdict. A post-trial motion is likely.

Pltf. Atty: Daniel P. Buttafuoco of Daniel P. Buttafuoco & Assoc., Woodbury , of counsel to Bonnie S. Peters, Huntington.
Deft. Atty: Michael T. Reilly of Greenfield & Reilly, Jericho.

Facts: This motor vehicle accident occurred on 8/20/98 at the intersection of W. 25th St. and 8th Ave. in Manhattan. Plaintiff, a 27-year-old EMS paramedic, was traveling in an ambulance on 8th Ave. and had stopped in the middle of the intersection to make a left onto W. 25th St. when his vehicle was struck in the rear by defendant's vehicle. Plaintiff was granted summary judgment on liability and this trial was on the issue of damages only.

Injuries: herniated lumbar discs at L4-5, L5-S1 requiring a laminectomy at the L5-S1Ievel, performed in December 1998; post- traumatic stress disorder; neurogenic bladder; sexual dysfunction. Plaintiff has not returned to work. The defendant denied that the plaintiff sustained a serious injury under the No-Fault Law, Insurance Law §51 02( d). Defendant argued that the impact was minor and that plaintiff's back injuries were pre-existing and degenerative and not causally related to this accident. Defendant further contended that plaintiff was involved in three prior accidents, and had suffered a prior L-l fracture. Defendant's expert testified that plaintiff's urological testing is normal. Defendant disputed the severity of plaintiff's injuries and argued that he is capable of working. Demonstrative evidence: photographs of the vehicles; plaintiff's wedding video from 9/00; surveillance video from 12/00, showing plaintiff Christmas shopping for over 2 hours, carrying a shopping bag.

Offer: $350,000; demand: $1,500,000; amount asked of jury: in excess of $5,000,000. Jury deliberation: 4 hours. Carrier: St. Paul (primary carrier); The Hartford (excess carrier).

Pltf. Expert(s): Dr. Ali Guy, physiatrist, Manhattan; Dr. Thomas Dowling, spine surgeon, Commack; Stuart Sachnin, Ph.D., vocational economist, Manhattan; Dr. George Rulli, chiropractor, Centereach; Dr. Michael Ferrato, psychologist, Merrick; William Deblasio, engineer, Huntington.
Deft. Expert(s): Dr. Leonard Biel, urologist, Manhattan; Dr. Barry Jupiter, orth. surg., Hewlett; Dr. Robert Karlan, neurologist, Flushing; Joyce Mesch-Spinello, Ph.D., vocational rehabilitation, Manhattan.