MOTOR VEHICLE-MULTI CAR COLLISION FRACTURED RADIUS, HERNIATED CERVICAL AND LUMBAR DISCS, AND CARPAL TUNNEL SYNDROME
- Rose P. settled for $80,000
- David and Mary E. settled during the damages trial for $55,000
- David G. settled for $22,500
- Melvin L. settled for $7,500
- Diane Z. settled before jury selection for $3,000
- Rose P.: Fractured right (dominant) radius; facial lacerations with debridement, requiring 78 stitches and plastic surgery
- Diane Z.: Dislocated ankle
- David E.: Four fractured ribs; possible fractured pelvis; soft tissue injuries to the neck and back; scar to the left arm
- David G.: Herniated discs at C3-4, L4-5, and L5-S1; carpal tunnel syndrome of the right (dominant) wrist
- Melvin L.: Five fractured teeth; was suffering from cancer at the time, and passed away shortly after the accident.
Facts: The parties were involved in a multi-car accident on the Staten Island Expressway, near the Clove Road exit. Rose P., a 62 year-old homemaker, was a passenger in a car operated by her daughter, Diane Z, a 25 year-old homemaker and a defendant in this case. They were traveling eastbound in the center lane when, according to Rose P. and Diane Z., defendant Julio T’s vehicle sideswiped her car from the left lane. Rose P. and Diane Z. claimed that as a result of this contact, they were knocked unconscious and Diane Z. lost control of the car. They had no recollection of the accident after this point. Testimony indicated that the car banked left and went through the guard cables on the on the median, entering the westbound lanes and striking a vehicle operated by David E., a 42-year-old salesman. It also struck a vehicle operated by David G., a 65-year-old retiree, in which Melvin L., a 63-year-old retiree, was a passenger.
Defendant Julio T. contended that the Diane Z. vehicle swerved into his lane, and that he avoided contact by driving onto the shoulder. He testified that he then lost control of his vehicle, and that it rolled over four times before coming to a stop on the right side of the highway. A passenger in Defendant Julio T’s car testified that he was not sure if there was contact between the two vehicles. An independent eyewitness who was driving behind Julio T. corroborated his testimony, and testified that there was no contact between the two cars. Defendant Julio T. contended that he never made contact with the Diane Z. car. An independent eyewitness testified that the Diane Z. car picked up speed as it crossed the median. The jury found Defendant Diane Z. 100% liable.
Demonstrative evidence: photographs of the vehicles and the scene of the accident.