XlII/38-12 MOTOR VEHICLE -  MISSING STOP SIGN - HERNIATED LUMBAR DISC

Mary D. v. Saul Avent, Jr.; Addie Avent; and City of New York 1413/91 3-daytrial Verdict 3/18/96 Judge John A. Milano, Queens Supreme.

VERDICT: Liability: City 70%; Avent 0%; Pltf. 30% negligent (6/0). Subsequently settled on 3/19/96 for $225,000. Jury: 2 male, 4 female.

Pltf. Atty: Evan Gewirtz of Levy and Gewirtz, Queens Village, trial counsel for Law Offices of Daniel P. Buttafuoco & Assoc., Mineola.
Deft. Atty: Steven M. Hellreich of Schwartz, Totura & Andrews, Woodbury, for Avent
David Dolinsky, Asst. Corp. Counsel, for City.

Facts: On the evening of 1/8/89, Pltf., a 33-year-old federal corrections employee, was driving on Dormans Rd. when her car collided with a vehicle driven by Deft. Avent at the intersection of Newburg Rd. Pltf. testified that a stop sign on Dormans Rd. was down at the intersection, and Deft. Avent corroborated that fact. A non-party witness testified that the stop sign had been missing for 5-6 months before the accident. Pltf., who lived three blocks from the intersection in question, stated that she could not recall if the stop sign was standing the last time that she had traveled in that area, approximately 3 months before the instant accident. Deft. City (70% liable) conceded that the stop sign was down, but argued that there was no indication as to how long that condition existed. Deft. also argued that the testimony of Pltf.'s witness was inaccurate, noting that the witness testified that the accident occurred during the day rather than at night. Deft. also contended that Pltf. could have avoided the accident, and argued that she failed to follow traffic rules for entering an uncontrolled intersection. Deft. Avent testified that Pltf. never stopped as she entered Newburg Rd. from Dormans Rd., a side street. He contended that the impact occurred as soon as Pltf. entered the intersection.

Injuries: (not before the jury settled for $225,000 after liability verdict) herniated disc at L4-5. Pltf. had sustained a herniated disc at L5-S1 in 1984. She claimed that as a result of the accident at bar, she required a hemilaminectomy in 1993 at L5-S 1. Pltf. claimed that she is permanently disabled from working as a corrections employee. At the time of trial, she was working part-time at a different job. Offer: $75,000 from the City before liability; demand: $150,000. Jury deliberation: 1 and 1/2 hours. Carrier: Geico. There was no expert testimony.