XII/33-9 MOTOR VEHICLE - REAR END- HERNIATED LUMBAR DISC AND BULGING CERVICAL DISC

Mark B. v. Edward Halfm and Alia Tetelbaum 32497/91 26-day trial Verdict 1/30/95 Judge Feme J. Goldstein, Kings Supreme.

VERDICT: $181,500 (6/0). Breakdown: $50,000 for past pain and suffering; $100,000 for future pain and suffering; $31,500 for past lost earnings. Jury: 3 male, 3 female.

Pltf. Atty: Daniel P. Buttafuoco of Buttafuoco & Associates, Mineola.
Deft. Atty: Paul Bibuld of Armienti, Brooks, DeBellis & Dunphy, Manhattan.

Facts: Pltf., a 26-year-old UPS package driver, testified that on 5/3/91 at 6 PM he was traveling in the left lane on the Belt Pkwy. in his Camaro when traffic came to a sudden stop. He testified that a van, driven by Deft. Halfin and owned by Deft. Tetelbaum, struck the rear of his vehicle. Pltf. contended that he was able to stop in time to avoid impact with the car in front of him and that Deft. should have been able to do the same. Deft. argued that Pltf. stopped short.

Injuries: herniated disc at L5-S1; bulging disc at C5-6. Pltf. claimed that he was out of work for 5 months. He returned to work but after 3 days on the job, he reinjured his back on 10/3/91 while he was lifting a box. Pltf. filed a Workers' Compensation claim for the second injury. He argued that the subsequent injury was related to the car accident. Pltf. testified that as a result he had to leave his employment with UPS, and he was working as a real
estate broker at the time of trial. Pltf.'s economist testified that he sustained a loss of $560,000 in employment pension benefits from UPS.

Deft. argued that Pltf. suffered from degenerative disc disease due to frequent bending and lifting for 8 years as a UPS driver. Deft. noted that an MRI revealed that Pltf. has degenerative disc disease at L5-S1. Pltf. claimed that this condition was latent or dormant, but resulted in a disc herniation upon impact in the motor vehicle accident. Deft. contested the causation of the herniated disc, arguing that it was not related to the accident.

Demonstrative evidence: complete life-size model of spine with a herniated disc; MRI film and CAT scan. Specials: $31,500 for past lost earnings. Offer: $50,000; demand: $250,000 (policy); amount asked of jury : $2,000,000. Jury deliberation: 2 days. Carrier: Kemper.

Pltf. Experts: Dr. Charles Aronica, chiropractor, East Meadow; Dr. Ali Guy, physiatrist, Manhattan; Thomas Kershner, Ph.D., economist, Saratoga Springs.

Deft. Experts: Dr. Ralph Olson, neurosurgeon, Manhattan; Dr. Lewis Rothman, neuroradiologist, Manhattan.