Motor Vehicle Plaintiff Crosses Over Center Line Claim Of Auto Mechanic Negligence Other Driver 90% Liable For Failing To Avoid Accident Brain Damage And Hip Replacement
VERDICT: Pltf. s verdict on liability. Deft. Auto Europa settled for $500,000 before openings; Deft. Rosado settled for $1,900, 000 after the liability verdict. Liability: Rosado/South Bay 90%; Auto Europa 10% negligent. Post-trial motions were denied. Jury: all female.
XV/45-10 Motor Vehicle Plaintiff Crosses Over Center Line Claim Of Auto Mechanic Negligence Other Driver 90% Liable For Failing To Avoid Accident Brain Damage And Hip Replacement
Ivy and Benjamin Raffe v. Louis Rosado, South Bay Leasing Corp., and Auto Europa 17775/93 2-week trial Verdict 1/23/98 Kings Supreme; Judge: Irving S. Aronin
Pltf. Atty: Harvey Weitz and Joseph S. Rosato of Schneider, Kleinick, Weitz, Damashek & Shoot, Manhattan
Deft. Atty: Alyson M. Piscitelli and Kim Bari Gronich of Jacobowitz, Garfinkel & Lesman, Manhattan, for Rosado and South Bay; Stewart L. Beilly of Shapiro, Beilly, Rosenberg, Albert & Fox, Manhattan, for Auto Europa
The accident occurred on 2/11/93 at 8:30 AM on Mill Rd. near the intersection of Ralph Ave. in Brooklyn. Pltf., a 36-year-old office manager, was driving a 1988 Mazda. She claimed that she suddenly experienced steering failure, causing her car to cross the double-yellow line and collide with an oncoming truck owned by Deft. South Bay and operated by Deft. Rosado (both 90% liable). Pltf. claimed that her car had last been serviced by Deft. Auto Europa (10% liable) 2 weeks prior to the accident after she had complained of tightness in the steering. Pltf. contended that Deft. Rosado was negligent for failing to avoid her car after he saw her on the wrong side of the road. She claimed that Deft. Auto Europa improperly repaired the steering.
Deft. Rosado claimed that his evasive actions were sufficient, in light of the sudden crossover by Pltf. He contended that the collision was unavoidable. Deft. Auto Europa would have claimed that its prior repairs were unrelated to the steering problem.
Injuries: (not before the jury settled for a total of $2,400, 000) closed head injury with retrograde amnesia and loss of cognitive functions; multiple pelvic fractures requiring the placement of hardware and, ultimately, a hip replacement. Demonstrative evidence: photographs of accident scene. Offer: $500,000; demand: $3,000,000. Jury deliberation: 11/2 hours. Carriers: AIG for South Bay/Rosado; Empire for Auto Europa.
Pltf. Expert: Nicholas Bellizzi, accident reconstruction, Holmdel, New Jersey.
Deft. Expert: There was no expert testimony for Defts.