Fog bank responsible for car crash, defense claimed

Case Type: Left Turn, Motor Vehicle - Intersection
Case: No. 3101103 Venue: Dutchess Supreme, NY
Judge: Christine Sproat
Date: 07-25-2005

PLAINTIFF(S)
Attorney: Richard Greenblatt: Rutberg & Associates P.C.; Poughkeepsie, NY, for Joseph K. McDermott, Patricia A. McDermott
Expert: Patrick O'Leary M.D.; Spinal Surgery; New York, NY called by: Richard Greenblatt
David Shumsky M.D.; Orthopedics; Poughkeepsie, NY called by: Richard Greenblatt

DEFENDANT(S)
Attorney: Susan R. Perone; Burke, Upton, Puleo, McCarthy & Gordon; White Plains, NY, for Joann Defendant
Expert: Venkatesha Reddy M.D.; Orthopedics; Newburgh, NY called by: Susan Perone

Insurer: Liberty Mutual Insurance Co.

Facts: At about 7:45 a.m. on March 22, 2003, plaintiff , 64, a school-bus driver, was traveling on southbound Route 9G, near its intersection with Greentree Drive, in Hyde Park, as he proceeded through the intersection, his vehicle was struck by a northbound vehicle that was being operated by Defendant, who was making a left turn onto Greentree Drive. Plaintiff sustained head and neck injuries. Plaintiff sued Defendant. He alleged that Defendant was negligent in the operation of her vehicle. Plaintiff claimed that Defendant should have yielded the right of way. Defendant claimed that a fog bank covered the Intersection and obscured her view of Plaintiff's vehicle. However, she also contended that Plaintifft was maintaining an excessive rate of speed, though she could not estimate a specific rate.

Injury: Plaintiff was placed in an ambulance and transported to St. Francis Hospital, in Poughkeepsie. Doctors determined that he had sustained a closed head injury and fractures of his spine's C3 and C6 levels. He underwent spine surgery that included decompression of the fractures and fusion. He subsequently underwent six months of thrice-weekly physical-therapy sessions.
Plaintiff does not suffer any limitation of his neck's motion range, but he claimed that his gait has become “careful”. He contended that the condition constitutes a mild disability, and his expert spine surgeon agreed. Plaintiff also claimed that his head injury produced cognitive deficits. Plaintiff sought recovery of damages for his past and future pain and suffering. His wife presented a loss-of-services claim. Defense counsel contended that Plaintiff’s fractures healed well and that he does not suffer any disabilities or limitations. She noted that he suffered a stroke that occurred shortly after the accident. She contended that the stroke was not related to the accident and that it caused cognitive and speech deficits. Thus, she argued that plaintiff's coune1 could not definitely identify the cause of Plaintiff’s cognitive impairment.

Verdict Information: The parties agreed to a pretrial settlement that has a present-day value of $275,000. The settlement included a $140,000 immediate payment. In addition, the Plaintiff’s will each receive 10 annual $1,275 payments.