Motor Vehicle Motorist claimed bike messenger ignored red light

Case Type: Bicycle, Motor Vehicle - Intersection
Case: No. 7568/05
Venue: Kings Supreme, NY
Judge: Bert A. Bunyan
Date: 06-09-2006

Plaintiff(s)
Attorney: Richard Greenblatt; Rutberg & Associates P.C.; Poughkeepsie, NY, for Plaintiff
Expert: Vincent Fietti M.D.; Orthopedics;’New York, NY called by: Richard Greenblatt

Defendant(s)
Attorney: None reported; Robert P. Tusa; Brooklyn, NY, for Defendant
Expert: Kenji Miyrasaka M.D.; Orthopedics called by: Joel Evans, None reported

Insurers: Allstate Insurance Co. for both defendants

Facts: On Oct. 6, 2004, plaintiff, 19, a bike messenger, was in the normal course of her duties, bicycling on south bound Orchard Avenue, near its intersection at Delancey Street, in Manhattan. As she entered the intersection, she was struck by a vehicle that was being driven by defendant. Plaintiff claimed that she sustained a leg injury. Plaintiff sued Defendant and the vehicle’s owner, Defendant Defendant. Plaintiff alleged that Defendant was negligent in the operation of the vehicle and that Defendant was vicariously liable for Defendant’s actions. Plaintiff claimed that the light was green and that after passing a van that had stopped on Delancey Street to yield the right of way, she was struck by Defendant. The defense claimed that it did not see Plaintiff approaching the intersection until right before the collision. It argued that the driver’s view of Plaintiff was obstructed by the van stopped on Delancey Street and that Plaintiff failed to stop at the red light that governed her entrance into the intersection.

Injury: Plaintiff was placed in an ambulance and transported to Bellevue Hospital Center, in Manhattan. Doctors determined that she had sustained compound comminuted fractures of her left leg’s fibula and tibia. The fractures were repaired via open reduction and the internal fixation of a rod and screws. Plaintiff underwent three physical-therapy sessions and walks with a limp. The plaintiff’s orthopedics expert determined that Plaintiff is unable to return to work and has a partial permanent disability causally related to the accident. Plaintiff claimed that she continues to experience pain and range-of-motion limitations in her leg. She also claimed that she bears residual scars. Plaintiff missed three months of work but did not make a lost-earnings claim. However, Plaintiff sought recovery of an unspecified amount of damages for past and future pain and suffering. The defense claimed that Plaintiff’s injuries healed well and that she was left with two small scars. The defense’s orthopedics expert opined that Plaintiff had no permanency and was able to return to all her normal activities.

Verdict Information: The parties agreed to a pretrial settlement. The defendants’ insurer agreed to contribute $80,000 from its $100,000 policy.

Editor’s Comments: VerdictSearch made best efforts to identify defense counsel, but was unable to do so. As a result, this report only reflects information provided by plaintiff’s counsel.