Page 24 - Verdicts and Settlements Hall of Fame

MOTOR VEHICLES
VERDICT & SETTLEMENTS
HALL OF FAME
#17
By Len Maniace
A cyclist who fell from his bike suffering extensive injuries after he was struck and dragged by a New York City bus was awarded $9.2 million by a Manhattan jury.
Cuman Cropper, then a 39-year-old self-employed graphic designer, contended he fell from his bike at 10th Avenue near West 44th Street after a cab driver suddenly opened his taxi door in front of him on June 19, 2006. Cropper was then hit and dragged by the bus resulting in ankle, hip, knee, pelvis, and scrotum injuries.
Cropper sued the bus driver, M.D. Stewart, the New York City Transit Authority, the Metropolitan Transportation Authority, the taxi’s driver, Said Nfaoui and the taxi’s owner, Paper Cab Corp.
#18
By Phil Albinus
Kristine Tarallo is very lucky to be alive. After a serious car acci- dent, the 23-year-old Long Islander has a long and dif cult road ahead of her.
On Sept. 29, 2008, Tarallo, a retail store employee, was driving on the eastbound side of Homestead Lane in Levittown. While she proceeded through the intersection, her vehicle was struck by a vehicle driven by Richard Occhipinti. The impact was so great that his vehicle ipped.
Tarallo sustained an Alphabet Soup of injuries to her back: she had herniations of her C3-4, C4-5, C5-6, C6-7, T10-11, T11-12, T12-L1, L1-2, L3-4, and L4-5 intervertebral discs. Her injuries pro- duced bulges of her L2-3 and L4-5 discs. Her C4-5, C5-6, T12-L1, L1-2, L2-3, L3-4, L4-5, and L5-S1 discs caused indentations of the
The jury found both the cab and bus drivers, as well as their employ- ers negligent. Cropper’s attorney, Walter G. Alton Jr. of Manhattan, said the bus driver who said he spotted his client a block away was deemed to bear the greater responsibility.
“Any reasonable driver seeing some bicyclists going along the cars parked there would have to watch them carefully, keep them in their line of vision and give them space in case something hap- pens,” Alton said. “But his actions thereafter were very clearly not taking any precautions.”
In a deposition, cab driver Nfaoui maintained that he opened the door slightly and quickly closed it once he saw the cyclist approach- ing. Nfaoui further contended that the cyclist fell because he failed to control his bicycle.
Cropper underwent ve surgeries, one for skin grafts affecting his left knee to his left hip. He then underwent intensive occupational and physical therapy, relearning how to walk and perform basic tasks of daily self-care. He also needed two years of in-home nursing care.
The treatments, however, did not resolve Cropper’s medi- cal issues. He continued to suffer from pain and other problems that interfered with his everyday activities. Awarding damages in August 2011, the jury assigned 30 percent of the liability to Nfaoui and Paper Cab and 70 percent to the remaining defendants.
thecal sac which houses the roots of spinal nerves.
Regina Nichols, Tarallo’s attorney, said that her client’s doctors presented her with a variety of dire options, each with serious consequences. Instead of opting for fusion surgery, she chose a procedure where a battery-operated spinal cord stimulator was implanted in her back. It has to be replaced every ve years at a cost of $27,000.
“She will need this battery for the rest of her life. The defendant was asking why she didn’t have spinal fusion surgery. Our expert doctor said that at such a young age her condition will get worse and worse,” said Nichols. “If you’re in your 40s, 50s, and 60s you will die before the bene ts of it will wear out.”
The jury awarded Tarallo $9,164,000, which was the gure that Nichols pursued. “Unfortunately, the money doesn’t heal her. She still has the same limitations and she will have these same issues. She has to have the battery on for 20 hours a day and she must recharge it,” said Nichols. “She doesn’t get any physical relief.”
Despite the serious hand she was dealt, Nichols calls her client a wonderful plaintiff. “She had no lost time from work. It was surprising that that verdict was so large. Juries don’t like malingerers - they like people who go back to work,” said Nichols. “If you try to live your life the best you can with the hand you’re dealt... juries respond.”
“A client like Kristine makes my job easier. She was straightforward and didn’t exaggerate,” Nichols said. “Juries don’t like exaggerators.”
Case: Cuman Cropper v. M.D. Stewart Attorney: Walter G. Alton Jr.
Firm: Walter G. Alton Jr. & Associates, PC Verdict: $9,200,000
Case: Tarallo v. Occhipinti Attorney: Peter E. Tangredi
Firm: Nichols & Cane Verdict: $9,164,000
22 November 2015