Page 12 - Verdicts and Settlements Hall of Fame

MOTOR VEHICLES
VERDICT & SETTLEMENTS
HALL OF FAME
#4
Case: Abreau v. M&M Truck and Body Repair Inc. Attorney: Gerard Lucciola, Robert J. Genis & Steven
Michelstein Firm:Rossato&LucciolaP.C.,Sonin&Genis,Esqs &
Richard Ashman - Michelstein & Associates, PLLC Date: 3/1/2012
Verdict: $21,980,000
By Phil Albinus
We see huge motor vehicle crashes in the movies but we never see the aftermath. Manuel Abreau and Agapito Lopez are the picture of that unseen aftermath.
On Nov. 6, 2007, plaintiff Lopez, a 41-year-old truck driver, was driving on Faile Street near the intersection at Viele Avenue in the Hunts Point section of the Bronx. Fellow plaintiff Abreau, a 37-year- old truck driver, was his passenger. While Lopez’s truck was three- quarters of the way through the intersection, his 26-foot-long truck was struck by a speeding tractor-trailer.
It was later determined that the driver of the tractor trailer - Mr. Librado Sanchez – was doing twice the legal speed limit before impact. He also ignored a stop sign. Because of his high rate of speed, Lopez’s truck ipped onto its left side.
Despite being in an overturned vehicle, both Abreau and Lopez were conscious.
They were brought to Lincoln Medical and Mental Health Center in the Bronx via ambulance where they were X-rayed and received treatment for their injuries. Abreau sustained injuries to his ankle, knee and shoulder. Lopez claimed injuries to his knee and his neck.
“We were able to accurately convey to the jury the depth of pain and suffering as it really is,” said Robert J. Genis, Sonin & Genis, Esqs. who served as the plaintiffs’ attorney.
The injuries were deep and the subsequent effects were long- lasting.
Abreu sustained a tear of the rotator cuff in his left shoulder, a tear the medial meniscus of the knee and tears of ligaments of his ankle. He underwent arthroscopic surgery for his knee and shoulder, and an open surgery for his ankle. He also undertook physical therapy to regain his strength.
Lopez suffered a protrusion of an intervertebral disc of his
spine’s cervical region. He also tore his meniscus of his knee, and later developed chondromalacia, is a softening of the cartilage. His left knee was operated on through arthroscopic surgery and he consulted a chiropracter and physical therapists to regain his strength.
Both men suffered from residual pain and claim that they are no longer able to work. They sued for damages and for loss of future income.
Both men were awarded $21,980,000.
Genis said that he was able to convince the jury with the linger- ing injuries of his clients and the negative demeanor the defendant, Mr. Sanchez.
“The defendant admitted that he violated all of the rules of the road and said that if he would switch places, he thought that the other vehicle would be at fault,” said Genis. “He had a bit of attitude and that helped us but the defendant was over because it was a BS defense. My guy was three-quarters of the ways across the street and the other vehicle was speeding at more than twice the limit.”
As attorney, Genis said that he tried to convey the long-term effects of this dramatic accident for the plaintiffs and their families. “I tend to be philosophical when I am on a trial and I nd that jurors are trying to look for depth and meaning. I try to show how an accident like this would affect somebody’s life,” said Genis. “As opposed to saying “I really hurt a lot.”
10 November 2015