Peter Hill v. Roberta Liford

Peter Hill v. Roberta Liford

CAUSATION OF INJURIES WITH VEHICLE

U.P.S Driver

New York, NY

Defense verdict (6/0)

$0.00

XI/14-6 MOTOR VEHICLE PEDESTRIAN DEFENSE VERDICT ON CAUSATION OF INJURIES

Peter Hill v. Roberta Liford 16254/88 3-week trial Verdict 7/6/93 Judge Edward J. Greenfield, New York Supreme

VERDICT: Defense verdict (6/0). Jury: 2 male, 4 female.

Pltf. Atty: Jeffrey S. Lisabeth, Garden City

Deft. Atty: Robert J. Conway of Marshall, Conway & Wright, Manhattan

Facts: The accident occurred on 10/5/88. Pltf., a 29-year-old U. P.S. driver, testified that he parked his truck on the north side of East 88th St. between Fifth and Madison Aves. in order to make a delivery. Deft. parked her 1986 Mercedes Benz on the south side of the same street and turned off the engine. Pltf. contended that he loaded a handtruck and crossed the street, and that Deft. then turned on her car and it “bolted,” crossing the street and hitting Pltf.’s handtruck. The Mercedes was leased, and was subsequently returned to the dealer. It was never located.

Injuries: herniated disc at L4-5 with laminectomy; radiculopathy; testicular pain. Pltf. did not complain of any back injuries until 4 months after the accident. Pltf.’s experts contended that the herniated disc and laminectomy were causally related to the accident. The jury found that Deft. was liable, but found that Pltf.’s injuries were not causally connected to the accident. Offer: $300,000; demand: $750,000. Jury deliberation: 5 hours. Carriers: Seneca Insurance; State Farm. Pltf. Experts: Dr. Richard Radna, neurosurgeon, Manhattan; Dr. Michael Errico, orth. surg., Manhasset; Edmond Provder, vocational rehabilitation, Manhattan; Les Seplaki, economist, New Jersey. Deft. Experts: Dr. Isaac Cohen, orth. surg., Rockville Centre; Dr. James Sarno, neurosurgeon, Manhattan; Patricia Jenkins-Spady, vocational rehabilitation, Manhattan; Frederick Goldman, economist, Manhattan.