Angelo Abramo v. ARG Trucking

Angelo Abramo v. ARG Trucking

FRACTURES OF THE PATELLA AND ORBITAL BONES

warehouseman and truck driver

NY

$700,000, reduced to $350,000 for 50% comparative negligence of Pltf. (6/0).

$350,000.00

X/29-11 MOTOR VEHICLE CENTER LINE FRACTURES OF THE PATELLA AND ORBITAL BONES

Angelo Abramo v. ARG Trucking 15402/90 7-day trial Verdict 10/13/92 Judge Robert E. Whelan, Erie Supreme

VERDICT: $700,000, reduced to $350,000 for 50% comparative negligence of Pltf. (6/0). Breakdown: $100,000 for past pain and suffering; $150,000 for future pain and suffering; $50,000 for past lost earnings; $400,000 for future lost earnings. Post-trial motions were denied. Jury: 3 male, 3 female. Notice of Appeal by Deft.

Pltf. Atty: John F. Humann of Matusick, Spadafora & Verrastro, Buffalo

Deft. Atty: Harry F. Mooney of Hurwitz & Fine, Buffalo

Facts: Pltf., a 35-year-old warehouseman and truck driver, was injured in an automobile accident on 5/8/87 at approximately 11:30 PM at the controlled T-intersection of Grand Island Blvd. and Kenmore Ave. in Buffalo. The road was clear and dry, but was not well illuminated. Pltf. was stopped at a stop sign on Kenmore Ave., waiting to make a left onto Grand Island Blvd. when, he claimed, he checked for traffic and saw the headlights of a distant truck to his left. Pltf. checked traffic to his right, saw that it was clear, and proceeded into the intersection. He testified that as he entered the intersection, the approaching truck applied its brakes and began to skid. Pltf. contended that the truck skidded into his lane and collided head-on with his car. Deft. claimed that Pltf. crossed the center line and hit its truck. Pltf.’s expert testified that if Deft.’s driver had not applied his brakes, he would not have gone into an uncontrollable skid, nor would he have struck Pltf.’s vehicle, which was already in the other lane of traffic and out of Deft.’s way. Skid marks led from Deft.’s lane into Pltf.’s lane. Deft.’s expert testified that the skid marks were from Pltf.’s car, which slid back across the center line after entering Deft.’s lane. Pltf.’s accident reconstruction expert testified that the skid marks came from Deft.’s truck.

Injuries: fractured left patella requiring arthroscopic surgery; fractured orbital bone; five broken ribs; lumbar sprain and strain. Deft. conceded the knee injury and fractured orbital bone, but contested the back problems. Pltf. admitted on cross-examination that his back pain was not related to the accident. Pltf. was out of work for 5 months and went back to work for 1? years. He testified that when the company he worked for went bankrupt, no one else would hire him. Pltf.’s rehabilitation specialist testified that Pltf. could only perform sedentary work. Demonstrative evidence: overhead photograph of the accident scene. Offer: $ 30,000; demand: $100,000. Jury deliberation: 6 hours. Pltf. Experts: Edmond Provder, vocational rehabilitation, Manhattan; Paul Cozad, accident reconstruction, Human Factors Co., Buffalo; Dr. John Murphy, Ph.D., economist, Canisius College; Dr. Andrew Mattaliano, physiatrist, Buffalo. Deft. Experts: John Serth, accident reconstruction, Albany; Dr. John Repicci, orth. surg., Buffalo.