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The plaintiff maintained that the defendant was either drag racing or playing “cat and mouse” with the other driver before the other driver pulled to the side to open his trunk. The plaintiff maintained that the de- fendant caused the situation and denied that it was sudden, contending that his claim of a sudden emer- gency should be rejected.

will require surgery in the future. The plaintiff, who is a counter-terrorism detective, missed approximately ten weeks from work.

The jury in the liability trial found the defendant 100% liable following the damages trial, awarding $75,000.


The plaintiff contended that he sustained cervical and lumbar herniations and bulges which were con- firmed by MRI. The plaintiff maintained that he contin- ues to suffer extensive pain despite conservative care and contended that such symptoms will continue permanently. There was no evidence that the plaintiff

Willis vs. Millington. Index no. 030436/08; Judge Her- bert Kramer, 06-13-11.

Attorney for plaintiff: Karen Emma of Gary Kauget, P.C. in New York, NY.

Left Turn Collision


Motor Vehicle Negligence – Left Turn Collision – Plaintiff driver is struck in rear while making left turn – Wrist fracture to non-dominant hand – Summary Jury Trial.

manently suffer pain and some limitations. The plaintiff was disabled from a work-related accident at the time of the collision and made no income claims.

Queens County, NY

The plaintiff driver, in his mid 50s, contended that the defendant driver negligently struck him in the rear as the plaintiff was slowing to turn left after he activated his turn signal. The defendant denied that the plaintiff turned on his signal and maintained that the plaintiff stopped short, rendering the accident unavoidable.

The jury found the defendant 100% negligent and awarded $25,000.


Papahatzis vs. Yuminaga. Index no. 016179/08, 02- 23-11.

Attorney for plaintiff: Jimmy C. Solomos of Law Offices of Jimmy C. Solomos in Astoria, NY.

The plaintiff contended that he sustained a fractured wrist on the non-dominant side that was treated con- servatively. The plaintiff maintained that he will per-

Multiple Vehicle Collision


Motor Vehicle Negligence – Multiple Vehicle Collision – Plaintiff driver is struck in rear after driver strikes car directly behind plaintiff and propels it into plaintiff’s vehicle – Collision

allegedly causes lumbar and cervical herniation – Alleged need for lumbar surgery in approximately ten years – Plaintiff corrections officer able to

that the plaintiff will suffer permanent pain and limita- tions and that lumbar surgery will probably be indi- cated in approximately ten years. The defendant’s neurologist denied that the plaintiff suffered the

claimed herniations. The plaintiff is a corrections officer and was able to

return to work.

return to work after a short absence. There was no evi- dence of prior trauma.

Erie County, NY

The jury found for the defendant on the no-fault

The plaintiff driver, approximately 40, contended that he was struck in the rear when stopped. The evidence disclosed that the driver of the third car struck the second car in the rear, propelling it into the plaintiff’s car. The plaintiff had named both drivers as defendants and the second driver’s motion for summary judgment on liability was granted. The plaintiff’s motion for a directed verdict on negligence against the third driver was also granted.

The plaintiff contended that he sustained a lumbar and a cervical herniation which were confirmed by MRI. The plaintiff’s orthopedic surgeon contended



Plaintiff’s economist expert: Ronald Reiber, PhD from Buffalo, NY. Plaintiff’s orthopedic surgeon expert: William Cappicotto, MD from Buffalo, NY. Defendant’s neurologist expert: Daniel Castellani, MD from Buffalo, NY.

Bauer vs. Riefler Concrete. Index no. 012128/08; Judge Tracey A. Bannister, 05-13-11.

Attorney for defendant: Leo T. Fabrizzi of Law Offices of Laurie Ogden in Buffalo, NY.

Volume 28, Issue 9, September 2011

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