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

PLAINTIFF(S)
Attorney: Lawrence Breslow; Rutberg & Associates, P.C.; Poughkeepsie, NY

DEFENDANT(S)
Attorney: Anonymous

Facts: Plantiff 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. Defendant’s car was traveling on one of the incoming roads, Rte. 21, which was at a 90° angle to Clove Rd. Plantiff claimed that Defendant’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 Plantiff’s vehicle, which was attempting to enter the circle. Plaintiff claimed that Defendant failed to yield the right-of-way. Defendant claimed that he had the right-of-way because he had already entered the circle and that Third-party Defendant failed to yield the right-of-way. Defendant and a deputy sheriff testified that Plaintiff was well into Defendant’s lane when the impact occurred. He claimed that Third-party Defendant’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 Defendant; New York Central Mutual for Third-party Defendant Rose.

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