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Courtney and Gwennette Monsanto v. JKB Contracting, Inc. and Colin Miller

Courtney and Gwennette Monsanto v. JKB Contracting, Inc. and Colin Miller

Case Name

Courtney and Gwennette Monsanto v. JKB Contracting, Inc. and Colin Miller

Type of Injury

ABOVE-THE-KNEE AMPUTATION

Occupation

hospital admitting clerk

Location

Kings, NY

Verdict

This action settled after opening statements for $3,710,000.

Verdict Amount

$3,710,000.00

Case Details

XVIII/28-41 MOTOR VEHICLE BICYCLE ABOVE-THE-KNEE AMPUTATION

SETTLEMENT: Courtney and Gwennette Monsanto v. JKB Contracting, Inc. and Colin Miller 22554/99 Date of Settlement 11/21/00 Kings Supreme

Pltf. Atty: Jeff S. Korek of Gersowitz, Libo & Korek, P.C., Manhattan

Deft. Atty: Joseph T. Jednak of Koors & Jednak, Bronx

This action settled after opening statements for $3,710,000. Pltf., a 46-year-old hospital admitting clerk, was riding a bicycle on 6/19/99 on Troy Ave. when he was hit by Deft. s pickup truck at the intersection of Bergen Street in Brooklyn. Pltf. claimed that Deft. Miller, driving Deft. JKB s truck, drove through a red light. Deft. claimed that Pltf. rode his bicycle off the sidewalk and into his lane of traffic, and that he had no time to avoid the accident.

Injuries: crush fractures of the femur, tibia, and fibula, requiring an above-the-knee amputation of the right leg; fractured clavicle; keloid scarring to the hands. Pltf. underwent seven procedures on the leg, ultimately leading to the amputation. He first underwent open reduction and external fixation, then required a below-the-knee amputation. The leg became gangrenous, and Pltf. underwent an above-the-knee amputation. He uses a prosthesis, and expects to return to work. Pltf. would have testified that he suffers from phantom pain in the leg. Demonstrative evidence: enlargements of anatomy illustrations; X-ray; aerial photographs of the intersection. Specials: $500,000 for future medical expenses including changing the prosthesis and ongoing medical treatment; $300,000 for lost earnings. Carriers: State Farm (first $1,000,000); Liberty Mutual (excess $3,000,000 policy).

Pltf. Experts: Pltf. would have called Edmond Provder, vocational rehabilitation, Manhattan; Jeffrey Sidenberg, economist, Bronx; Dr. Jerry Lubliner, orth. surg., Manhattan.

Deft. Experts: Dr. Robert Orlandi, orth. surg., Brooklyn; Dr. Ralph Liebling, plastic surgeon, Bronx; Dr. Solomon Mishkin, psychiatrist, Elmont; Joseph Pessalano, vocational rehabilitation, Westbury.

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