X/41-8 MOTOR VEHICLE- STOP SIGN - CERVICAL HERNIATED DISC WITH NERVE IMPINGEMENT

Eric W. v. Richard Casale, HLR Corp., and Federal Express 3228/89 5- day trial Verdict 3/9/93 Judge Francis Alessandro, Bronx Civil.

VERDICT: $325,000, reduced to $260,000 for 20% comparative negligence of Pltf. (6/0). Remaining liability: Federal Express 80% negligent. Breakdown: $50,000 for past pain and suffering; $275,000 for future pain and suffering. The case subsequently settled for $225,000. Jury: 3 male, 3 female.

Pltf. Atty: Frank A. Andrea III of Andrea & Towsky for Daniel P. Buttafuoco & Associates, Mineola.

Deft. Atty: James H. O'Hare for Jeffiey Samel & Associates, Manhattan.

Facts: Pltf., a 50-year-old car service driver, claimed that on 2/6/89 at 3 PM his vehicle was broadsided by a Federal Express van driven by Deft. Casale at the intersection of Lott and Stone Aves. in Brooklyn. Pltf. claimed that he was proceeding north on Stone Ave. when he was struck by the van as he drove through the intersection, which was controlled by a stop sign. Deft. contended that the stop sign was missing.

Injuries: herniated disc at C5-6 with impingement on the spinal cord resulting in numbness in the right arm and hand; multiple neck lacerations. The herniated disc was confirmed by MRI. Deft.'s expert conceded that Pltf. had a bulging disc but did not testify as to the cause of the injury. Pltf. was out of work for approximately 4 months. Demonstrative evidence: hospital records; photographs of Pltf.'s injuries; accident report; Deft.'s physician's reports. Specials: $5,000-$6,000. Offer: $ 125,000; demand: $165,000; amount asked of jury: $750,000. Jury deliberation:4 hours.

Pltf. Expert: Dr. Hal Gutstein, neurologist, Manhattan.

Deft. Expert: Dr. Ralph Olson, neurologist, Manhattan.