Motor Vehicle - Driver’s hasty turn blamed for fatal accident

Case Type: Left Turn, Motor Vehicle - Broadside, Motor Vehicle - Intersection, Wrongful Death - Survival Damages
Case: No 1004/04
Venue: Dutchess Supreme, NY
Judge: James V Brands
Date: 10-11-2005

PLAINTIFF(S)
Attorney: Martin P Rutberg; Rutberg & Associates PC.; Poughkeepsie, NY, for Peter A. Plaintiff, Alice M. Plaintiff (estate)
Expert: Rob Frein; Photographic Analysis; Glen Head, NY called by: Martin Rutberg Andrew Wintraub; Economic Analysis; Rhinebeck, NY called by: Martin Rutberg Mr. Richard Hermance: Accident Investigation & Reconstruction/ Failure Analysis/Product Liability; Tillson NY called by Martin Rutberg

DEFENDANT(S)
Attorney: None reported; for Dutchess County William G. Kelly Goldberg Segalla LLP, White Plains, NY, for Donald A. Defendant
Expert: Alexander Litwornia Highway/Street; Medford. NJ called by William Kelly Donald Eisentraut PE; Accident Reconstruction; Penns Park, PA called by: William Kelly

Insurers: One Beacon Insurance Group for Defendant Government Employees Insurance Co for wife’s estate

Facts: On June 12, 2003, Plaintiff, 54, a retired custodian who was receiving disability benefits, was driving on Old Route 22, near its Y -shaped intersection with Cricket Hill Road, in Wingdale. Plaintiff’s decedent (wife) was a front-seat passenger. As the vehicle entered the intersection, its front was struck by an oncoming pickup truck that was making a left turn onto Cricket Hill Road, from Old Route 22. Plaintiff sustained foot, hip, leg and rib injuries. Plaintiff’s wife was killed. Plaintiff, acting individually and in behalf of his wife’s estate, sued the other vehicle’s driver, Defendant, and Dutchess County. He alleged that Defendant was negligent in the operation of his vehicle. He also alleged that the county was negligent in it’s maintenance of the intersection and that its negligence created a dangerous condition Plaintiff claimed that his view of the intersection was obstructed by overgrown vegetation that the county had not properly maintained. However. Plaintiff subsequently changed counsel, and his new attorney determined that the vegetation was not the proximate cause of the accident. The county moved for pretrial summary judgment, and the motion was granted. The matter proceeded to a trial against Defendant. Plaintiff contended that Defendant attempted to execute a left turn across a double yellow line.
Using data recovered from the pickup truck’s sensor module, Plaintiff’s accident-reconstruction expert determined that Defendant’ vehicle was traveling 39 mph and that Defendant did not apply the brakes until two seconds before impact. The expert also determined that the pickup truck was traveling 32 mph at the moment of impact and that it had crossed an unbroken area of Old Route 22’s double yellow line. A police-department accident-reconstruction engineer agreed that Defendant had executed his turn unsafely. Defense counsel contended that the Plaintiffs were negligent for failing to wear the lap belts with their shoulder harnesses He also claimed that Plaintiff, who had lost his right arm in an industrial accident, was negligent for operating a vehicle without a driving knob attached to the steering wheel. He contended Plaintiff was unable to properly control his vehicle and avoid the accident. Defendant’ accident-reconstruction expert determined that Plaintiff was traveling 42 mph in a 40-mph zone. He opined that neither driver was visible to the other until three seconds prior to impact.

Injury: Plaintiff’s wife was killed. She was survived by her husband and five children. Her estate sought recovery of damages for her wrongful death, her pre-death pain and suffering, and her funeral expenses. The plaintiffs’ expert economist estimated her future loss of household services at $185,000; Plaintiff was placed in an ambulance and transported to Sharon [Conn.] Hospital. Doctors determined that he had sustained a fracture of his right foot’s calcaneus, or heel; a fracture of his right leg’s fibula; fractures of his left and right ribs and fractures of his acetabulums--the rounded pelvic cavities that receive the heads of the femurs. His heel fracture was repaired via open reduction and internal fixation. Plaintiff was subsequently transferred to Hartford [Conn.] Hospital. His hospitalizations totaled 115 days. During the latter hospitalization, he underwent hardware-removal surgery and treatment of residual osteomyelitis. Plaintiff’s treating orthopedic surgeon determined that Plaintiff suffers a permanent 24% loss of use of his right foot. Plaintiff sought recovery of damages for his past and future pain and suffering and his zone-of-danger injuries. Defense counsel contended that Plaintiff recovered well. He also claimed that Plaintiff was unconscious after the collision and, as such, he contended that Plaintiff did not prove that he witnessed his wife death. Thus, he argued that Plaintiff was not entitled to recovery of zone-of-danger damages. He moved to dismiss that claim, but Judge James Brands denied the motion.


Verdict Information: During the first day of the trial, the parties agreed to a $1,025,000.00 settlement. and Plaintiff’s insurer agreed to contribute $50.000. Defendant’ insurer agreed to contribute the remainder of the settlement. Plaintiff: $875,000 Personal Injury: Future Pain And Suffering. Plaintiff's wife (estate): $150,000 Wrongful Death: Future Lost House Hold Services.