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Case: Korsunskiy v. Careful Bus Service Inc. Attorney: Boris Zivotov, Esq P.C
Firm: Boris Zivotov, Esq P.C. / e Edelsteins, Faegenburg
& Brown LLP/Law O ces of Daniel A. omas PC Date: 8/14/2015
Verdict: $14,080,000
By Phil Albinus
The car accident was a stroke of bad luck for Arkadiy Korsunskiy. Soon it was a literal subsequent stroke in the hospital.
On February 28, 2008, the 64-year-old Korsunskiy, an ambulette driver, was driving on the westbound side of the Prospect Express- way near Prospect Park West in the South Slope section of Brooklyn. His vehicle was rearended by a minibus that was being driven by Giacoma Castelli.
Korsunskiy’s counsel contended that Castelli was not driving cau- tiously and failed to maintain a proper lookout. Castelli claimed that the accident was unavoidable and added that the accident began when Korsunskiy’s vehicle struck the rearend of a preceding vehicle ahead of him. She claimed that that driver ed and said he was liable for both accidents.
“That’s why the jury reacted the way they did. They didn’t believe the defendant’s experts,” said Zivotov.
The aftereffects of his stroke are as profound as the physical injuries Korsunskiy suffered due to the accident. He has suffered a mild impairment to his balance, his memory, speech, muscular coordination and other forms of cognition. He suffers from irritabil- ity, is frightened of performing tasks, leads a sedentary lifestyle and cannot work. He is afraid to leave his home.
Korsunskiy’s neuropsychologist maintained/concluded that Kor- sunskiy suffers permanent damage that impairs his performance ineveryday activities. She further opined that he cannot live inde- pendently and will require the presence of a live-in nurse despite the assistance of his wife Alla who must dress, feed and supervise him.
Korsunskiy sustained a head
injury, a fracture of his right femur’s
neck–is a component of the hip–and
a fracture of his pelvis’ right acetabu-
lum. He was driven by an ambu-
lance to Lutheran Medical Center in
Brooklyn. There his right femur was
addressed with a plate and screws and he required six months of physical therapy.
Unfortunately, his medical woes were not over. One week after the accident, Korsunskiy suffered a small diffuse lacunar stroke. His treating neurologist offered the opinion that the stroke was a residual byproduct of the accident’s trauma that caused uctuations in his blood pressure.
The defendent’s counsel argued that the stroke was coincidental. According to Boris Zivotov PC., of Brooklyn and the attorney for Mr. Korsunskiy the jury found the idea of a coincidence beyond belief.
“The case involved a brain injury and the person suffered a stroke while hospitalized following the highway car accident. The position that the defendant took to trial was they said that the stroke was in no way related to the accident,” he said.
TheKorsunskiyfamilywere awarded $14,080,000.
Due to the complexity of the case, Zivotov brought in trial counsel Paul Edelstein and Daniel Thomas. “It was a col-
laborative effort between Paul, Daniel and myself,” said Zivotov. The defense is appealing the nding.
Nonetheless, cases like that of Arkadiy and Alla Korsunskiy inspire Zivotov and his calling. “They say personal injury lawyers wind up in the eld because there is a desire to help people who are desper- ate for help. They help them reclaim their lives despite some very signi cant physical, psychological and cognitive obstacles that have befallen our clients,” he said.
“Achieving justice in our justice system is very very dif cult. Very often people feel that the award is not commensurate to the person’s suffering so when you have a case like this that worked out, where the jury goes all in with the plaintiff’s argument, it’s gratifying,” said Zivotov.
“Those experiences don’t happen very often.”
14 November 2015
“THOSE EXPERIENCES DON’T HAPPEN VERY OFTEN.”