XVII/18-20 MOTOR VEHICLE - PASSENGER - TRAFFIC CIRCLE - FAILURE TO YIELD THE RIGHT-OF-WAY - FRACTURED WRIST WITH SURGERY

Case: 379/97 2-day trial Verdict 9/29/99 Dutchess Supreme
Judge: John R. LaCava
Pltf. Atty: Martin P. Rutberg of Rutberg & Associates, Poughkeepsie
Deft. Atty: Michael 1. Mahon, Middletown, for Mead, John Walsh of Boeggeman, George, Hodges & Corde, White Plains, for Robert Rose On 9/7/96.

Facts: Pltf. a 62-year-old retiree was a passenger in her husband’s car, which was traveling on Clove Rd. in Dutchess when it encountered a traffic circle. The traffic circle accommodated four incoming roads, all of which were at perpendicular to each other. Deft.’s car was traveling on one of the incoming roads, Rte. 21, which was at a 90° angle to Clove Rd. Pltf. claimed that Deft.’s car had entered the circle at a high rate of speed and had traveled a quarter of the way around the circle when it encountered Pltf.’s vehicle, which was attempting to enter the circle. Pltf. claimed that Deft. failed to yield the right-of-way. Deft. claimed that he had the right-of-way because he had already entered the circle and that Third-party Deft. failed to yield the right-of-way. Deft. and a deputy sheriff testified that Pltf. was well into Deft.’s lane when the impact occurred. He claimed that Third-party Deft.’s negligence was the primary cause of the accident.

Injuries: Fractured (non-dominant) wrist requiring open reduction and internal fixation; contusion to the shin, which became ulcerated and ultimately required a skin graft. Carriers: Nationwide for Deft.; New York Central Mutual for Third-party Deft. Rose.

Verdict: Liability: Deft. 45%; Third-party Deft. (husband/host) 55% negligent. Subsequently settled for $90.000, pursuant to prior stipulation. Jury: 4 male, 2 female.