Page 11 - 2014_NY_Top_Settlements

2014
Gambale further claimed that his pain prevents his resumption of manual labor. He sought recovery of past and future medical expenses, past and future lost earnings, and damages for past and future pain and suffering.
Defense counsel contended that Gambale’s injuries were degenerative conditions that were not related to the accident. He claimed that Gambale reported merely minor injuries during the hours that followed the accident.
The defense’s vocational-rehabilitation expert submitted a report in which she opined that Gambale can perform sedentary work.
RESULT During the trial, the parties negotiated a settlement. The defendants’ insurer agreed to pay $9.25 million.
EDITOR’S COMMENT This report is based on information that was provided by plaintiff’s counsel. Additional information was gleaned from court documents. Defense counsel did not respond to the reporter’s phone calls.
NUMBER FOUR
MOTOR VEHICLE
Stop Sign — Transportation — Roadways — Pedestrian — Government — Municipalities — Intersection — Multiple Vehicle — Dangerous Condition
Plaintiff: Inattentive driver, unchecked foliage led to accident
AMOUNT $8,800,000
TYPE Mediated Settlement
CASE Krluc v. City of New York New York VENUE Queens Supreme
JUDGE N/A
DATE January 7, 2014
INJURY
TYPE(S) back - fracture, fracture, T1, fracture, T2, fracture, T3, fracture, T4,
fracture, vertebra, fracture, T1, fracture, T2, fracture, T3, fracture, T4, fracture, transverse process
head - fracture, skull
neck - fracture, fracture, C7, fracture, vertebra, fracture, C7, fracture, transverse process
brain - brain damage, traumatic brain injury
chest - fracture, rib
other - craniectomy, unconsciousness, physical therapy
shoulder - fracture, fracture, scapula, fracture, clavicle
epidermis - edema
face/nose - fracture, facial bone
neurological - brachial plexus
arterial/vascular - hemorrhage
surgeries/treatment - debridement
mental/psychological - depression, cognition, impairment, memory, impairment
PLAINTIFF
ATTORNEY(S) Stephen J. Murphy & David L. Scher; Block O’Toole & Murphy, LLP;
New York, NY, for Fata Krluc
PLAINTIFF
EXPERT(S) Kim Steiner Ph.D.; Forestry; University Park, PA called by: Fata Krluc
John Afrides ; Analysis of Photographs, Video & Digital Images; Sunnyside, NY called by: Fata Krluc
Barry Root M.D.; Physical Rehabilitation; Glen Cove, NY called by: Fata Krluc
David Langer M.D.; Neurosurgery; Manhasset, NY called by: Fata Krluc Robert Genna ; Accident Reconstruction; Commack, NY called by: Fata Krluc
FACTS & ALLEGATIONS On June 3, 2011, plaintiff Fata Krluc, 51, a hotel’s housekeeper, was walking on a sidewalk of 103rd Avenue, near its intersection at 93rd Street, in the Ozone Park section of Queens. She was struck by a minivan that was being driven by Francisco Mena. Mena had entered the intersection via 93rd Street, and his minivan mounted the sidewalk after having struck a van that was being driven by Peter Accardi,
who had entered the intersection via 103rd Avenue. Krluc sustained injuries of her back, her chest, her face, her head, her neck, several ribs and a shoulder.
Krluc sued Accardi; Mena; the owner of Mena’s vehicle, Fernandez Mena; and municipal entities that were responsible for maintenance of the intersection, the city of New York, the New York City Department of Parks & Recreation, the New York City Department of Sanitation, and the New York City Department of Transportation. Krluc alleged that Accardi and Francisco Mena were negligent in the operation of their respective vehicles, that Fernandez Mena was vicariously liable for Francisco Mena’s actions, and that the remaining defendants negligently failed to address a dangerous condition that contributed to the accident.
Krluc claimed that Accardi ignored a stop sign that governed his entrance to the intersection. Witnesses claimed that Accardi did not decelerate. Krluc also claimed that Francisco Mena could have avoided the accident.
Plaintiff’s counsel contended that Accardi’s actions were, to some extent, the result of foliage obscuring a portion of the stop sign that governed Accardi’s entrance to the intersection. They claimed that the condition had been reported to the city some 10 months prior to the accident and that resultant maintenance failed to address one of two trees whose foliage was obscuring the sign. Krluc’s forestry expert submitted a report in which he opined that the second tree had not been pruned in several years as of the date of the accident. Krluc’s accident-reconstruction expert submitted a report in which he opined that the sign would not have been easily visible to motorists. Plaintiff’s counsel claimed that a local community board had received complaints about motorists not heeding the sign.
The municipal defendants’ counsel contended that the sign was not fully obscured and that the word “stop” was painted on the roadway.
Accardi initially claimed that he executed a full stop before entering the intersection, but he ultimately acknowledged that he did not stop.
INJURIES/DAMAGES Krluc sustained fractures of her face, fractures of her skull, a fracture of her right shoulder’s clavicle, a fracture of her right shoulder’s scapula, fractures of the right transverse processes of her C7, T1, T2, T3 and T4 vertebrae, fractures of ribs, and an injury of the right side of her chest’s brachial plexus, which is the nerve complex that serves the arms and shoulders. Her skull’s injuries resulted in edema and hemorrhages of her brain’s frontal, parietal and temporal lobes. She lost consciousness.
Krluc was placed in an ambulance, and she was transported to Jamaica Hospital Medical Center, in Queens. She underwent a craniectomy that included debridement of fragments of her skull. Her hospitalization lasted 48 days, and she subsequently underwent a course of inpatient rehabilitation. In February 2013, she underwent a cranioplasty, which involved a repair of the area of her skull that was removed during her craniectomy. She also undergoes physical therapy.
Krluc claimed that her skull’s injury caused permanent damage of her brain, with residual effects that include confusion, depression, impairment of her memory and impairment of her other elements of her cognition. She undergoes cognitive therapy.
Krluc further claimed that her residual effects prevent her resumption of work. She also claimed that her residual effects will worsen and that they will eventually necessitate her reliance on a residential aide.
Krluc sought recovery of several million dollars for future medical expenses, a total of about $300,000 for past and future lost earnings, and unspecified damages for past and future pain and suffering.
Defense counsel contended that Krluc will not require a residential aide. They also contended that insurance will reimburse most or all of Krluc’s medical expenses.
RESULT During the week that preceded the scheduled selection of a jury, the parties negotiated a settlement. The city of New York agreed to pay $7.5 million; Accardi’s insurer tendered its policy, which provided $1.25 million of coverage; and the insurer of Fernandez Mena and Francisco Mena tendered its policy, which provided $50,000 of coverage. Thus, the settlement totaled $8.8 million.
EDITOR’S COMMENT This report is based on information that was provided by plaintiff’s counsel and counsel of the city of New York, the New York City Department of Parks & Recreation, the New York City Department of Sanitation, and the New York City Department of Transportation. The remaining defendants’ counsel did not respond to the reporter’s phone calls.
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