Haydee Moreno v. Lisa and Allen Roberts

/ / Case Verdicts

Case Name

Haydee Moreno v. Lisa and Allen Roberts

Type of Injury

HERNIATED DISC AND PSYCHOLOGICAL INJURIES

Occupation

grocery store owner and home health aide

Location

Dutchess, NY

Verdict

Defense verdict on damages (6/0). Liability: Pltf. 25%; Deft. 75% negligent.

Verdict Amount

$0.00

Case Details

VII/2-25 MOTOR VEHICLE – LEFT TURN – NO-FAULT AND CAUSATION QUESTION ON HERNIATED DISC AND PSYCHOLOGICAL INJURIES

Haydee Moreno v. Lisa and Allen Roberts 2499/87 8-day trial Verdict 10/7/88 Judge Joseph Jiudice, Dutchess Supreme

VERDICT: Defense verdict on damages (6/0). Liability: Pltf. 25%; Deft. 75% negligent. Pltf.’s motion to set aside the verdict on damages was denied. Notice of Appeal by Pltf.

Pltf. Atty: Marino D’Orazio and Richard M. Moran of Moran, Spiegel, Pergament & Brown, Poughkeepsie

Deft. Atty: Michael A. Hayes, Jr. of McCabe & Mack, Poughkeepsie

Facts: The accident occurred on 3/13/85 at approximately 7:22 PM at the intersection of Salt Point Tpke. and Innis Ave. in Poughkeepsie. Pltf., a 40-year-old grocery store owner and home health aide, claimed that she was injured when Deft.’s vehicle made a left turn into the path of her vehicle. Injuries: herniated disc and aggravation of spinal stenosis condition; psychological damage and inability to work in the future; chronic depression. Deft. alleged that Pltf.’s injuries were due to a prior condition and denied that Pltf. sustained a serious injury under the No-Fault Law, Insurance Law ? 5102(d). Lost earnings: $288,360. Jury deliberation: 2 hours. Offer: $50,000; demand: $300,000; amount asked of jury: $550,000. Pltf. Experts: Dr. Andrew Weintraub, Ph.D., economist, Temple Univ.; Edmond Provder, occupational therapist; Dr. Sheldon Krems, Ph.D., psychologist. Deft. Expert: Dr. Fiaz Choudhri, neurosurgeon, Albany.