XIX/8-15 MOTOR VEHICLE - ELDERLY PEDESTRIAN - SETTLEMENT AFTER PLAINTIFF'S VERDICT ON LIABILITY- FRACTURED ANKLE

Francis F. v. Karen and Robert Zerillo 8623/99 3-day trial Verdict 6/15/01 Queens Supreme.
Judge: Luther V. Dye

Verdict: Pltf.'s verdict on liability (6/0). Subsequently settled for $150,000. Jury: 2 male, 4 female.

Pltf. Atty: James Mattone of Buttafuoco & Associates, Woodbury.
Deft. Atty: Joseph Brown of Epstein, Hill, Grammatico & Gann, Mineola.

Facts: Pltf., age 79 and retired, testified that on 12/22/98, she was crossing in the crosswalk at the intersection of 48th Ave. and Bell Blvd. in Queens when she was hit by the left front corner of Deft.'s van. Deft. and an independent witness, who was in a car directly behind Deft., testified that Pltf. was wearing a hood and was looking down as she walked. They claimed that she walked into the right side of the van. The independent eyewitness had given a prior written statement to the insurance carrier investigator, and was deposed thereafter. On cross-examination, inconsistencies in the witness statements were brought out. The witness stated that Deft. told him at the scene that she did not know how the accident occurred.

Injuries: (not before the jury settled after the liability verdict for $150,000) fractured ankle with closed reduction. Demonstrative evidence: independent witness prior written statement. Offer: $25,000; demand: $90,000. Jury deliberation: 2 hours. Carrier: Nationwide.

Pltf. Experts: Dr. Warren Alpert, chiropractor, Bayside; Dr. Joseph Carfi, physiatrist, Great Neck.
Deft. Experts:
Dr. Raymond Koval, orth. surg., Elmhurst; Dr. Audrey Eisenstadt, radiologist, Garden City.