XV/37-23 MOTOR VEHICLE - PASSENGER - QUESTION OF LIGHTS - KNEE INJURIES
Jenna O. v. Jennifer Zoeller, John Nolan, and D.L. Peterson Trust 032208/93 3-week trial

Verdict 2/26/98 Nassau Supreme.
Judge: Allan L. Winick

Verdict: $1,220,000 v. Nolan and D.L. Peterson (5/I). Breakdown: $100,000 for past pain and suffering; $250,000 for future pain and suffering; $120,000 for future lost earnings; $0 for future household services; $750,000 for future medical expenses. Deft. Zoeller was let out of trial after the liability verdict. Jury: 3 male, 3 female.

Pltf. Atty: Daniel P. Buttafuoco of  Daniel Buttafuoco & Assoc.,Woodbury.
Deft. Atty: Christine M. Laubis of Robert P. Sweeney & Assoc., Uniondale, for Zoeller on liability.
Michael F.X. Manning, Garden City, for Nolan and D. L. Peterson Trust.

Facts: This motor vehicle accident took place on 7/1/93 at the intersection of Rte. 110 and Bayliss Rd. in Melville. Pltf., an 18-year-old student, was employed for the summer as a bank clerk. She was a front-seat passenger in a vehicle driven by Deft. Zoeller (dismissed after liability trial), that was traveling south in the center lane of  Rte. 110. Deft. Nolan (100% liable along with D.L. Peterson) was traveling east on Bayliss Rd. in a vehicle owned by Deft. D.L. Peterson Trust and leased to his employer. Both parties claimed that they had a green light. An independent eyewitness who was standing on the sidewalk on Bayliss Rd. testified that Nolan had a red light.

Injuries: bilateral chondromalacia with patellar malalignment. Pltf.'s physicians testified that the malalignment was pre-existing, but was activated by the trauma to both knees. Pltf. had received no medical treatment for the malalignment prior to the accident. From the time of the accident to the time of trial, Pltf. had undergone arthroscopic surgery on both knees, and had undergone approximately 18 months of physical therapy. She claimed that she has difficulty walking without pain. Pltf.'s experts testified that Pltf. will need lifelong
physical therapy on an as-needed basis, and opined that she would need future knee surgery. They testified that her injuries are permanent. Pltf. testified that she is a former amateur dancer and had appeared in numerous productions since the age of 4, but due to her injuries, is no longer able to dance. Defts. disputed the extent of and causal connection between the accident and Pltf.'s injuries, and argued that they were pre-existing and the result of dancing. Deft.'s orthopedic expert disputed the need for future surgery, and Deft.'s expert neurologist argued that a neurological exam was normal. Defts. introduced a surveillance video showing Pltf. walking without any observable problems. Additional surveillance video clips showing Pltf. walking up stairs and shopping without any observable problems were precluded from evidence based on Deft.'s failure to disclose them in discovery. Defts. had to rely solely on their investigator's testimony for this evidence. Demonstrative evidence: anatomical model of the knee; chart showing a bar graph of Pltf.'s medical treatment; video of Pltf. in pre-accident dance productions. Offer: $300,000; demand: $750,000. Jury deliberation: 1 and 1/2 days. Carrier: Travelers/Aetna for Nolan and D.L. Peterson Trust.

Pltf. Experts: Dr. Ali Guy, physiatrist, Manhattan; Dr. Ronald Grelsamer, orth. surg., Manhattan.

Deft. Experts: Dr. William Healy, orth. surg., Huntington; Dr. Frederic Mortati, neurologist,
Huntington.