SUPPLEMENTAL VERDICT DIGEST
MOTOR VEHICLE NEGLIGENCE
$6,000,000 RECOVERY - BUS/PEDESTRIAN COLLISION - PEDESTRIAN STRUCK IN MIDDLE OF CROSSWALK BY SCHOOL BUS TURNING LEFT FROM BEHIND - PLAINTIFF DRAGGED 20 FEET BEFORE BUS STOPS WITH WHEEL ON PLAINTIFF - INTENSE CONSCIOUS PAIN FOR ONE HOUR BEFORE EXTRICATION - BURST THORACIC FRACTURE - LUMBAR, THORACIC COMPRESSION FRACTURES - THORACIC FUSION - SEVERE DEGLOVING INJURY TO LOWER LEG.
Bergen County, NJ
including a fusion in the thoracic area, and the
In this action, the femal plaintiff in her mid-20s, contended that after she had crossed more than half of the roadway containing one travel lane in each direction, she was struck by the left side view mirror of the bus and pulled under the left front wheel of the bus. The plaintiff contended that as a result, she suffered a burst fracture in the thoracic spine, thoracic and lumbar compression fractures, a severe degloving injury to the lower left leg, bowel and bladder incontinence that resolved after some months, and PTSD. The plaintiff has already undergone some eight major surgeries,
insertion of a V.A.C. therapy unit to the lower leg, and contended that she may well require additional surgery in the future.
The case settled prior to trial for $6,000,000.
Poplawski vs. Phipps, et al. Docket no. BER-L-3516-09, 02-21-11.
Attorney for plaintiff: Eric D. Katz of Mazie Slater Katz & Freeman, LLC in Roseland, NJ.
$4,900,000 RECOVERY - MOTOR VEHICLE NEGLIGENCE - AUTO/BICYCLE COLLISION - TRACTOR-TRAILER STRIKES BICYCLIST - CATASTROPHIC BRAIN INJURY TO 19-YEAR- OLD - LIFELONG SUPERVISION REQUIRED.
Miami-Dade County, FL
The plaintiff was a 19-year-old male who was riding a bicycle across a Perrine, Florida intersection at 3:19 a.m. in 2006 when he was struck by a tractor trailer driven by the defendant truck driver and owned by the defendant trucking company. The plaintiff alleged that the defendant truck driver negligently operated the truck and could have avoided impacting the plaintiff’s bicycle. The defendants argued that the tractor- trailer was proceeding with a green light, within the legal speed limit, and that the plaintiff suddenly rode his bicycle into the path of the oncoming truck. The defendants maintained that the truck driver was not negligent and could not have avoided the collision.
The case was settled for a structured settlement val- ued at $4,900,000 prior to trial.
Tiger vs. Defendants. Case no. 09-07908; Judge Peter R. Lopez, 04-01-11.
Attorney for plaintiff: Joseph Slama of Krupnick, Campbell, Malone, Buser, Slama, Hancock, Liberman & McKee in Fort Lauderdale, FL. Attorney for plaintiff: Frank Toral of Toral & Associate in Fort Lauderdale, FL.
$1,100,000 RECOVERY - MOTOR VEHICLE NEGLIGENCE - AUTO/PEDESTRIAN COLLISION - PLAINTIFF STANDING AT CENTER LINE WAITING FOR RIGHT-SIDE TRAFFIC TO PASS IS STRUCK BY DEFENDANT FROM LEFT - LEFT KNEE FRACTURE - SURGERY - LARGE SCARRING BELOW KNEE - KNEE SWELLING AND CALF ATROPHY NOTED SHORTLY BEFORE TRIAL - SPLEEN LACERATION - RIB FRACTURE.
Queens County, NY
suffered fractures to the left tibial plateau and
The plaintiff pedestrian, age 25, contended that after she had walked halfway across the uncontrolled intersection, and near the area where the crosswalk would have been present, if painted, and as she was standing on the double yellow line waiting for vehicles traveling from her right to pass, she was struck by the defendant who was approached from her left. The plaintiff
proximal fibular shaft and required an open reduction and internal fixation. The plaintiff contended that the large scar below the knee is permanent. The plaintiff also suffered a lacerated spleen, fractured ribs, bilateral occipital condyle fractures and an avulsion injury at the left alar ligament. These injuries resolved without surgery.
New York Jury Verdict Review & Analysis