Haydee Moreno v. Lisa and Allen Roberts
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.
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