Haydee Moreno v. Lisa and Allen Roberts
Type of Injury
HERNIATED DISC AND PSYCHOLOGICAL INJURIES
grocery store owner and home health aide
Defense verdict on damages (6/0). Liability: Pltf. 25%; Deft. 75% negligent.
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.