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XXII/45-11 MOTOR VEHICLE Left Turn Intersection Broadside
Plaintiffs vehicle struck while speeding through intersection
Settlement $250,000 Hughnel E. Steers III v. Teresa Primrose, No. 18579/01
Court: Nassau Supreme Judge: John M. Galasso Date: 4/8/2005
Plaintiff Attorney(s) Daniel P. Buttafuoco, Daniel P. Buttafuoco & Associates P. L.L.C., Woodbury, NY
Defense Attorney(s) Timothy J. Flanagan, Cullen & Dykman, Brooklyn, NY
Facts & Allegations: On Oct. 18,2001, plaintiffHughnel Steers, 24, a student, was driving on westbound Hempstead Turnpike, near its intersection with Plainfield Avenue, in Floral Park. As Steers' vehicle proceeded through the intersection, it was struck by a vehicle that was being operated by Teresa Primrose, who was making a left turn onto eastbound Hempstead Turnpike, from southbound Plainfield Avenue. Steers claimed that he sustained a fracture ofhis left leg and a fracture ofhis left elbow.
Steers sued Primrose. He alleged that she was negligent in the operation of her vehicle.
Steers claimed that his vehicle had the right of way and thus, that Primrose was liable for the collision.
Primrose contended that she never saw Steers' vehicle and that her vision was obscured by a hill and a bend in the road. She also contended that the turnpike's speed limit was 35 mph, but that Steers' vehicle was traveling faster than 60 mph. Two eyewitnesses agreed that Steers was exceeding the speed limit.
Injuries/Damages: Fracture, elbow; fracture, fibula; fracture, tibia; internal fixation; open reduction
The trial was bifurcated, so damages were not before the court. However, evidence established that Steers was
placed in an ambulance and transported to South Nassau Communities Hospital, in Oceanside. He claimed that he sustained a fracture of his left leg's fibula and tibia. He also claimed that he sustained a shattering fracture of his left (nondominant) arm's elbow. He underwent open reduction and internal fixation ofhis leg fracture. He also
underwent total replacement ofhis left elbow. The surgeries were followed by several months of physical therapy. Steers sought recovery of unspecified damages for his past and future pain and suffering.
Result: The jury rendered a plaintiffs verdict, but Steers was assigned 30% comparative negligence. Prior to the scheduled start of the damages trial, the parties agreed to a $250,000 settlement.
Demand: $250,000
Offer: None
Insurer: New York Central Mutual Fire Insurance Co.
Plaintiff
Expert(s) None reported
Defense
Expert(s) Paul A. Ast, Ph.D., engineering, New York, NY (did not testify)
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