Trucker's hasty turn blamed for collision with motorcyclist

Case Type: Motorcycle. Motor Vehicle - Left Turn
Case: No. 2570/04
Venue: Dutchess Supreme, NY
Judge: James D. Pagones
Date: 09-20-2005

PLAINTIFF(S)
Attorney: Richard Greenblatt; Rutberg & Associates P.C.: Poughkeepsie, NY, for John Plaintiff, Alice Plaintiff
Expert: Zubair Zoha M.D.; Physical Rehabilitation; Poughkeepsie, NY called by; Richard Greenblatt

DEFENDANT(S)
Attorney: David L. Posner, McCabe & Mack L.L.P.; Poughkeepsie, NY, for John Defendant
Expert: Michael Weintraub; Neurology; Briarcliff Manor, NY called by: David Posner

Insurer: New York Central Mutual Fire Insurance Co.

Facts: On May 20, 2004, Plaintiff, 72, a security supervisor, rode his motorcycle. As he was traveling on northbound Route 300, in Newburgh, he was struck by a pickup truck that was attempting to make a left turn in front of him. He sustained internal injuries; Plaintiff sued the truck's driver. He alleged that Defendant was negligent in the operation of his vehicle. Plaintiff claimed that Defendant executed a turn in the direct path of his motorcycle. He contended that Defendant should have yielded the right of way. An eyewitness testified that Plaintiff was traveling below the speed limit and that Defendant made a left turn in front of the approaching motorcycle. He also claimed that Defendant continued on into a parking lot, unaware that he had caused an accident Defendant claimed that he did not see Plaintiff approaching. Plaintiff's counsel moved for pretrial summary judgment of liability, and the motion was granted. The trial addressed damages.

Injury: Plaintiff was placed in an ambulance and transported to St. Francis Hospital, in Newburgh. Doctors determined that he had sustained a spleen laceration, an intracranial hemorrhage, a closed head injury, a nasal fracture, a puncture wound of his eardrum and a fracture of the middle finger of his left (non-dominant) hand. Plaintiff underwent emergency surgery to remove his spleen and was hospitalized for 38 days. During his hospitalization, he underwent five surgical procedures. He was left with a partial permanent hearing loss in the left ear and a permanent contracture of his left hand's middle finger. He underwent three months of twice-weekly physical-therapy sessions to improve the strength and range of motion in his left hand. Plaintiff sought recovery of damages for his past and future pain and suffering. His wife presented a loss-of-services claim. The defendant’s expert neurologist testified that Plaintiff made a good recovery and that he was able to return to work in November 2004.

Verdict Information: The parties agreed to a $300,000 pretrial settlement. The settlement also included Defendant's insurer's assumption of a $79,000 medical lien.