XIII/26-16 MOTOR VEHICLE  - RED LIGHT-  CERVICAL SPRAIN WITH RADICULOPATHY AND TORN SHOULDER LIGAMENT

Christina W. v. Alberto Javier Padron and Nassau Home Appliance and Bath Center 18642/91 5-day trial Verdict 1/17/95 Judge Edward G. McCabe, Nassau Supreme.

VERDICT: $188,000, reduced to $133,480 for 29% comparative negligence of Pltf. (6/0). Breakdown: $46,000 for past pain and suffering; $142,000 for future pain and suffering. Post-trial motions were denied. Jury: 3 male, 3 female.

Pltf. Atty: Edward J. Nitkewicz of Daniel P. Buttafuoco & Associates, Mineola.

Deft. Atty: Joseph C. Bellard of  Marshall & Bellard, Garden City.

Facts: Pltf., age 34 at the time,claimed that on 5/10/90 at approximately 2 PM she was stopped at a red light at the merging intersection of Wantagh Ave. and Hicksville Rd. in Bethpage. She was facing northeast on Wantagh Ave. towards the merge with Hicksville Rd., and claimed that when the light turned green, Deft. Padron, traveling southbound on Hicksville Rd., went through the red light and hit her car. Deft.'s car was owned by Nassau Home Appliance. Pltf. produced an independent witness in another vehicle at the intersection who corroborated her testimony. Deft. Padron was precluded from testifying for failing to appear at his EBT. Deft. argued that Pltf. failed to look to her left prior to entering the intersection.

Injuries: cervical sprain with radiculopathy; torn anterior glenoid labrum of the right (dominant) shoulder requiring arthroscopic surgery. Pltf.'s surgeon testified that the shoulder injury was initially under-evaluated, but that it was causally related to the motor vehicle accident. He testified that cervical injuries can often mask the source of pain actually caused by a shoulder injury. The surgery was performed on the shoulder 1 year after the accident.
Deft. contested the injuries, arguing that Pltf. did not sustain any disability of the shoulder or neck. Pltf. had cerebral palsy which affected her lower limbs and required the use of a cane. Deft. testified that a disability was found subsequent to the shoulder surgery, but attributed it to the chronic cane use. Pltf.'s expert argued that the shoulder was asymptomatic prior to the accident and that the cane use would not damage the labium anteriorly. Demonstrative evidence: photographs of the vehicles and accident location; diagrams of the shoulder; model of the shoulder. Offer: $25,000; demand: $250,000; amount asked of jury: $500,000. Jury deliberation: 1 and 1/2 hours.
Carrier: Aetna.

Pltf. Expert: Dr. Hank Ross, orth. surg., Mineola.

Deft. Expert: Dr. Frank Hudak, orth. surg., Syosset.