Staff | New York Jury Verdict Reporter, Vol.XIX, Issue 17

Supreme Court, Tenth Judicial District, Nassau County, New York

DAVID CATALANO V. WILLIAM JENKINS, DIX HILLS FIRE DISTRICT AND DIX HILLS

VOLUNTEER FIRE DEPARTMENT

No. 24774/99

DATE OF VERDICT/SETTLEMENT: August 13, 2001

TOPIC: MOTOR VEHICLE - PEDESTRIAN

SUMMARY:

AWARD: $335,000

RESULT: Settlement

This action settled for $335,000 just prior to opening statements.

EXPERT WITNESSES:

Plaintiff: Dr. Hank Ross; Orthopedics Nicholas Bellizzi; Traffic Accident Analysis

Defendant: Dr. Frank Oliveto; Orthopedics

ATTORNEYS:

Plaintiff: Stuart L. Finz; Finz and Finz; Jericho, NY

Defendant: Jeffrey B. Siler; Montfort, Healy, McGuire and Salley; Garden City, NY

STATE: New York

COUNTY: Nassau County

INJURIES: Fractured metatarsal of the right foot with open reduction and internal fixation; fractured phalanx of the left toe with closed reduction; torn anterior cruciate ligament; laceration of the back, requiring stitches. Deft. argued that Pltf. did not lose any time from work and that he fully recovered from his injuries. Deft. would have shown the jury two surveillance videos of Pltf. taken after the accident, which showed Pltf. working as a gardener, operating gardening equipment, and running and jumping off the back of the lift gate of the truck.

SUMMARY:

Offer: $10,000; demand: $375,000.

Insurance Carrier: American Alternative Insurance

Other Demonstrative Evidence: damaged leaf blower; enlarged photographs of the roadway; aerial photograph of the accident scene

FACTS:

On 6/9/99 at about 9:15 AM, Pltf., a 21-year-old landscaper, was assisting a friend with gardening work that he was performing at a private home located on Deforest Rd. in Dix Hills. Pltf. claimed that he was operating a backpack leaf blower and standing approximately 2 feet into the road when the mirror of Deft.'s van struck his backpack, throwing him to the ground. Pltf. contended that Deft. was driving too close to the edge of the road and should have avoided the accident. Deft. alleged that Pltf. had his back to oncoming traffic and that he stepped backwards into the street without looking, walking directly into the path of his van.