Motorcyclist claimed motorist's hasty turn caused crash

Case Type: Motorcycle, Motor Vehicle - Left Turn, Motor Vehicle - Multiple Vehicle
Case: No. 6005/05
Venue: Dutchess Supreme, NY
Judge: James D. Pagones
Date: 10-18-2006

PLAINTIFF(S)
Attorney: Lawrence A. Breslow; Rutberg & Associates P.C.; Poughkeepsie, NY, for
Salvatore Plaintiff
Expert: None

DEFENDANT(S)
Attorney: George E. Roberts; Law Office of Kris T. Jackstadt; Albany, NY, for Edith
Defendant, Defendant
Expert: None

Insurer: Travelers Property Casualty Corp. for both defendants

Facts: On Sept. 7, 2005, Plaintiff, a 35-year-old unemployed man, was motorcycling on eastbound State Route 44, in Poughkeepsie. Heading in the opposite direction was a vehicle driven that was being by Defendant. When the vehicles were about 150 feet from the road's intersection at Easy Street, Defendant attempted to make a left turn in front of Plaintiff. The vehicles collided. Plaintiff claimed that he sustained hand and wrist injuries. Plaintiff sued Defendant and the owner of Defendant’s vehicle. Plaintiff alleged that Defendant was negligent in the operation of his vehicle and that the owner of Defendant’s vehicle was vicariously liable for Defendant's actions. Plaintiff claimed that he had the right of way and that Defendant was negligent for attempting to turn in front of him. He alleged that Defendant failed to maintain a proper lookout and failed to avoid the accident. The defendants conceded liability.

Injury: Plaintiff was placed in an ambulance and transported to Saint Francis Hospital, in Poughkeepsie. There he was diagnosed with lacerations of his right hand and wrist requiring repair of an avulsion flap on the right hand. He also underwent repair of the laceration to the right wrist, consisting of a radical volar tenosynovectomy and nerve exploration to the right forearm with neurolysis of the median nerve.
Plaintiff claimed that he experiences paresthesia of the middle and ring fingers and numbness and hypersensitivity in the fingers, hand and wrist area. He was an avid guitar player and claimed that his injuries caused significant difficulty in his use and enjoyment of the guitar. He sought recovery of unspecified damages for his past and future pain and suffering.

Verdict Information: After the completion of Plaintiff's deposition, the parties agreed to a $150,000 settlement.

Editor's Comments: Defense counsel did not respond to a faxed draft of this report and a phone call.