Page 23 - Verdicts and Settlements Hall of Fame

#15
By Len Maniace
A woman who suffered multiple injuries when a SUV crossed the center line of an Orange County highway striking her vehicle received 9.7 million in damages through a negotiated settlement.
Peling Melville, then a 45-year-old electron-microscopy technician’s assistant, was driving northbound on the Plattekill Turnpik in New Windsor, N.Y., Dec. 12, 2010, when her vehicle was struck by the SUV driven by Eva Machacon in the opposite direction.
Melville suffered back, elbow, head, hip, leg, pelvis, and shoulder injuries that required surgery and a six-week hospitalization followed by a lengthy physical therapy regimen. With her husband Richard, Melville sued Machacon and the owner of the SUV, Hudson Valley Lighting.
The plaintiff’s attorney, Glenn Roy Cooper of New York, N.Y., contended
#16
Angela Reid didn’t deserve this.
On Jan. 21, 2009, the 33-year-old surgical nurse and mother of two sons, was struck by a bus. It happened on Madison Avenue at the intersection of East 34th Street in Manhattan. The bus was driven by Rufus Jones, an individual who not only had a suspended license from the State of New Jersey – a fact that was not known by the State of New York – but he had more than 30 criminal convictions prior to being hired by his employer, Atlantic Express Transportation. Jones ignored a red traf c signal at the intersection seconds, before he struck Reid.
It got worse from there. Reid sustained degloving of her legs; fractures to her pelvis; a ruptured bladder; crushing injuries of her knees, legs and thighs; crushing injuries of her right ankle and foot; and injuries of her abdomen. She was transported to Bellevue Medical Center in Manhattan.
that Machacon had fallen asleep and said she had told investigating police that she had been awake since 4 a.m. and was tired. Cooper said his investiga- tors were able to gain access to the SUV’s computer that had recorded the vehicle’s operation.
“We were able to run tests and get the black box to show that there was no deceleration of the vehicle prior to the incident. There were no skid marks, noth- ing showing that the driver had attempted to avoid this accident,” Cooper said.
Defense counsel said Machacon had suffered a medical emergency that caused her to pass out, but Cooper said, no evidence was ever produced to sup- port that assertion. Cooper moved for summary judgment, which was granted and the case proceeded to damages where the sides reached the settlement in April 2013.
The plaintiff sought S562,483 for past medical expenses, an unspeci ed amount for future medical expenses, S98,170 for past lost earnings, an unspeci ed amount for future lost earnings, and damages for past and future pain and suffering.
Melville maintained her head injury left her with permanent brain damage, affecting her ability to concentrate, and with depression and post-traumatic stress-disorder. She said she also suffered from chronic leg pain and arthritis, and relied on a wheelchair and a specialized cane for mobility.
Melville made a compelling witness. “A real turning point was when this young woman testi ed how her life had changed in a matter of two seconds,” Cooper said. “she was driving in her car and then the life as she knew it no longer existed.”
Her emergency medical procedures included open reduction of her fractures, the application of internal and external xation devices, the addition of a colostomy bag, and a below-the-knee amputation of her right leg. She would eventually lose the remaining portion of her leg to amputation.
Reid fought to survive for a week as she was transferred to another hospital for further surgeries on her abdomen that included skin grafts and repairs to her bowel. Sadly, she suffered renal failure, sepsis and cardiac arrest. She died on April 23 2009.
According to Sanford Rubenstein, the partner of Reid’s attorney Scott E. Rynecki, the case never went to trial because of the overwhelming evidence and the horrible injuries that ultimately shortened the life of the young mother of two.
“There is no question that liability was in the favor of the victim. Once the pain and suffering was weighed in with all of her medical procedures, you had second component. First, the estate was suing for damages and then pecuniary loss to the family, for those who depended on her,” said Rubenstein, who commented for his partner who was travelling on business at presstime.
“There was no question that this victim was entitled to signi cant damages. Ricky handled this case with a wonderful touch because he is a compassionate human being. He understands the magnitude of what had happened to this woman. It’s more than empathy,” said Rubenstein. “He feels the pain of his victims.”
Case: Peling Melville v. Eva Machacon Attorney: Glenn Roy Cooper
Firm: Glenn Roy Cooper P.C. Verdict: $9,700,000
Case: Reid v. Atlantic Express Transportation Group Inc.,
Attorney: Scott E. Rynecki, Rubenstein & Rynecki Firm: Rubenstein & Rynecki
Verdict: $9,500,000
By Phil Albinus
November 2015 21