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

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

ABOVE-THE-KNEE AMPUTATION

hospital admitting clerk

Kings, NY

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

$3,710,000.00

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.