Staff | New York Jury Verdict Reporter, Vol.XIX, Issue 21

Civil Court, City of New York, Queens County, New York

CARL HARRINGTON V. MARILYN COOPER-DAVIS

No. 9/20/01

DATE OF VERDICT/SETTLEMENT: September 26, 2001

TOPIC: MOTOR VEHICLE - BICYCLE

SUMMARY:

AWARD: $20,000

RESULT: Verdict-Plaintiff

$20,000 for past pain and suffering; $0 for future pain and suffering. Jury: 4 male, 2 female.

EXPERT WITNESSES:

Plaintiff: Dr. David Zelefsky; Physical Medicine Dr. Harvey Manes; Orthopedics

Defendant: Dr. Leon Sultan; Orthopedics Dr. Sondra Pfeffer; Radiology

ATTORNEYS:

Plaintiff: Jay Feigenbaum; Finz and Finz, P.C.; Jericho, NY

Defendant: Robert H. Fischler; Michael E. Pressman; Manhattan, NY

JUDGE: Edgar G. Walker

STATE: New York

COUNTY: Queens County

INJURIES: Herniated lumbar disc at L4-5; bulging cervical discs; cervical disc syndrome; temporomandibular joint dysfunction; torn medial meniscus. Deft.'s doctor testified that the cervical injuries were pre-existing and degenerative and that the herniated disc did not compress the nerve root. He also testified that the meniscal tear was not identified on the MRIs.

SUMMARY:

Insurance Carrier: New York Central Mutual Fire Ins

Other Demonstrative Evidence: cervical, lumbar, and knee MRI films; enlarged diagram of the knee; enlarged photographs of the accident scene

FACTS:

Pltf., 60 years old and unemployed, claimed that on 4/19/97, he was caused to fall from his bicycle when Deft.'s car sideswiped him. He was riding on Linden Blvd. at its intersection with 179th St. in Queens at the time. Pltf.'s friend, who was allegedly riding behind Pltf., testified that Deft.'s car hit Pltf. Deft. claimed that she was stopped at a red light on Linden Blvd. when she heard a thud to the rear of her car. She claimed that she looked back and saw Pltf. straddling his bike. She contended that she left the scene because Pltf. did not appear to be injured and had ridden his bicycle away.

offer prior to liability verdict, $35,000 after the liability verdict; demand: $75,000; amount asked of jury: approximately $200,000.