$250,000 – settlement
Driver in automobile accident claimed injuries from rear-end collision causing knee, jaw, neck and back back injuries

MOTOR VEHICLE – HIT IN REAR – TORN MENISCUS – TEMPOROMANDIBULAR JOINT DYSFUNCTION - HERNIATED AND BULGING DISCS

Nadia and Narcisco Hernandez v. Judith and Fred Siegel, Barry Mobley and Hazel and Carlton Murrell 23755/00 – Date of Settlement 5/13/02 – Kings Supreme

Pltf. Atty: James J. McCrorie; Law Office of James J. McCrorie; New York, NY, for Weser & Weser, Brooklyn, New York

Dfts. Atty: Martin Landa of Bilello & Walisever, Woodbury for Siegel; Gregory A. Kleva III of McMahon, Martine & Gallager, Manhattan, for Mobley; Aaron Jones of The Law Office of Frank A. Composto, Brooklyn for Murrell

This case settled during trial for $250,000 out of a $300,000 insurance policy after defendant Siegel conceded liability following jury selection, just before openings were scheduled.

Facts: On 8/20/99, plaintiff, a 39-year-old license practice nurse, had stopped for a red light behind defendants Murrell and Mobley when she was struck in the rear by defendant Siegel at the intersection of Ocean Ave. and Glenwood Rd. in Brooklyn. Plaintiff claimed that her car was pushed into Murrell’s car, which was in turn pushed into Mobley’s vehicle. Siegel, however, filled out an MV-104 1 year post-accident, indicating that Mobley had cut off Murrell, causing plaintiff to stop short, striking Murrell’s vehicle. Siegel testified at his EBT that a friend who witnessed the accident did not talk to him about it until several days post-accident. Plaintiff, who was unlicensed, testified at her EBT that she never obtained a driver’s license, and was issued a summons at the scene of the accident. Plaintiff was prepared to make a motion in limine to exclude any mention of that fact. Defendant Siegel conceded liability and the case against defendants Murrell and Mobley was discontinued.

Injuries: torn meniscus requiring arthroscopic surgery, performed 7 months post-accident; temporomandibular joint dysfunction; multiple cervical bulges; herniated lumbar disc at L4-5. Plaintiff’s treating surgeon would have testified that, although not apparent on MRI films taken immediately after the accident, the torn meniscus was confirmed during the operation. Defendnat would have disputed the existence of plaintiff’s injuries, and would have argued that plaintiff is not disabled. Offer: $50,000 from Siegel prior to jury selection. Note: Three other plaintiff’s settled during discovery for a total of $28,000, leaving only $272,000 of a $300,000 singly limit insurance policy remaining.

Pltf. Experts: Plaintiff would have called Dr. Donald Kastenbaum, orth. Surg., Manhattan (performed the arthroscopic knee surgery)

Dfts. Experts: Defendants would have called Dr. Sondra Pfeffer, radiologist, Manhattan; Dr. Howard Katz, orth. surg., Brooklyn.

Insurers: Geico for Siegel defendants; Allstate for remaining defendants

After jury selection, the case settled for $250,000 of a $300,000 policy (only $272,000 remaining available to plaintiff Hernandez).