$210,000 – settlement
Passenger in automobile accident claimed injuries from rear-end collision causing right shoulder, neck and back injuries

MOTOR VEHICLE – HIT IN REAR – TORN ROTATOR CUFF – HERNIATED DISCS

Justice Klutsey v. Mobility Transportation, Inc. and lvan Pellot, 46369/00 – Date of Settlement 12/5/02 – Kings Supreme – Judge Allen Hurkin-Torres

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

This case settled during trial for $210,000 out of a $250,000 insurance policy.

Facts: Plaintiff Justice Klutsey, 45, brought this matter as a result of a motor-vehicle accident that also involved defendant lvan Pellot. Klutsey, a French minister on vacation in the United States, was a passenger in a vehicle that was struck in the rear by Pellot's Vehicle, which was owned by defendant Mobility Transportation. Testimony indicated that at the time of impact, Klutsey's vehicle was stopped on the entrance ramp to the Jackie Robinson Parkway at Jamaica Avenue in Queens, N.Y. Pellot, an ambulette driver for Mobility Transportation, was on his way home from work at the time of the accident. The host driver was granted summary judgment on liability, thus dismissing the claim against him. This trial would have been on the issue of damages only. The defendants would have claimed that the impact Was minor, and that it did not result in property damage.

Injuries: Klutsey refused medical aid at the scene of the accident. He sought medical treatment with a chiropractor the next day, and was referred to an orthopedic surgeon. He claimed that he suffered a torn right rotator cuff requiring arthroscopic surgery, and herniated cervical and lumbar discs. Klutsey extended his stay in the United States and later underwent arthroscopic surgery, He continues to receive medical treatment and physical therapy. The defendants would have denied the existence of any tear or herniations on Klutsey's MRI films.

Facts: The accident occurred on 10/21/93 at the intersection of Church Ave. and Linden Blvd. in Brooklyn . Pltf., a 34-year-old licensed practical nurse, was a passenger in a livery car that was struck by a vehicle owned by Deft. Chrysler Credit Corp. and driven by Deft. Ajavon. Evidence indicated that the Chrysler vehicle struck three other vehicles that had the right-of-way, and Chrysler conceded liability just prior to opening statements on damages.

Injuries: herniated lumbar disc at L4-5, confirmed by MRI. Pltf. claimed that she is completely disabled from any type of employment. Defts. argued that because neither the ambulance call report nor the emergency room record mentioned any complaints of back pain, and the fact that the MRI was performed 2 years after the accident, rendered the herniation unrelated to the accident at bar. Defts. also contended that the herniation was probably related to Pltf. s occupation as a nurse. They argued that she did not go for treatment of her low back until 3 2 weeks after the accident. Defts. vocational rehabilitation expert testified that Pltf. could be employed in a sedentary profession such as an office nurse or pharmacy clerk. Demonstrative evidence: enlargements of the sagittal and axial views of the MRIs; anatomical models; anatomical drawings; emergency room record; ambulance report; MV-104 of host driver; blackboard with economic projections.

Pltf. Experts: Zwi Weinberg M.D.; Orthopedic Surgery

Dfts. Experts: John Paul M.D.; Orthopedic Surgery

Insurer: Material Damage/Eagle Insurance Company for defendants

Prior to jury selection, the case settled for $210,000 of a $250,000 policy.