XVIII/50-42 MOTOR VEHICLE - REAR END-  SUMMARY JUDGMENT FOR PLAINTIFF ON LIABILITY - HERNIATED LUMBAR DISC

SETTLEMENT: Elizabeth and Savaltore C. v. Jorge Shimbukuro and ELRAC, Inc., d/b/a Enterprise Rent- A-Car 5615/97 Date of Settlement 4/19/01 Queens Supreme

Pltf. Atty: Daniel P. Buttafuoco of Daniel P. Buttafuoco & Associates, Woodbury.

This action settled prior to jury selection on damages for $1,425,000. On 10/19/96, Pltf., a 36-year-old registered nurse at Long Island Jewish Hospital and the mother of two, was stopped for a red light at the intersection of Glen Cove Ave. and Brewster St. in Glen Cove when she was struck from behind by a rental vehicle being operated by Deft. Shimbukuro. On 1/5/99, Judge Arthur W. Lonschein granted Pltf. summary judgment on liability, and the case proceeded on the issue of damages.

Injuries: herniated lumbar disc at L5-S1. In June 1999, approximately 3 years post-accident, Pltf. underwent a hemilaminectomy at the Hospital for Joint Diseases. Pltf. claimed that there was a possibility that she would require further surgery in the future.
Beginning in March 1997, Pltf. returned to work on limited duty for two to three shifts per week, but later cut back her schedule to twice weekly shifts. She was terminated in December 1999, following a leave of absence from April to June 1999. At the time, she had been earning an hourly rate of $28 and working three shifts per week. Pltf. was still treating with a physical therapist at the time of this settlement. Deft. would have disputed the extent of the injury and contended that the hemilaminectomy had been unnecessary and had only worsened Pltf. s condition. Carriers: Fireman's Fund Insurance paid $1,000,000; Deft. was self-insured for the remainder.