James Patrick Mills and James Mills v. City of New York and NYCHHC

James Patrick Mills and James Mills v. City of New York and NYCHHC

PUNCTURED EARDRUM AND BACK AND NECK INJURIES

New York, NY

Settled during the damages trial for $35, 000.

$35,000

VIII/22-4 MOTOR VEHICLE — COLLISION WITH AMBULANCE WITHOUT WARNING LIGHTS ON — NO-FAULT QUESTION ON PUNCTURED EARDRUM AND BACK AND NECK INJURIES

James Patrick Mills and James Mills v. City of New York and NYCHHC 13308/86 11-day trial Liability verdict 2/16/88 Damages verdict 9/25/90 Judge Leland G. DeGrasse, New York Supreme

VERDICT: Defense verdict on damages (no serious injury) in case of James Patrick Mills. Pltf.’s verdict on liability in a separate trial on 2/16/88. His son, James Mills, settled during the damages trial for $35, 000. Post-trial motions were denied. Jury: 3 male, 3 female.

Pltf. Atty: Patrick J. Fogarty of Fogarty & Fogarty, Mineola

Deft. Atty: Barbara S. Finger, Asst. Corp. Counsel, on liability ( 2/16/88)

Margaret Johnson-Pertet, Asst. Corp. Counsel, on damages

Facts: Pltf. James Patrick Mills, age 56 at the time of the accident, claimed that his vehicle collided with an ambulance on 1/7/82 at 3 AM at the intersection of 110th St. and Madison Ave. in Manhattan. The ambulance was on a call at the time. Pltf. claimed that Deft.’s ambulance did not have its lights and siren on. The jury found, in a separate liability trial on 2/16/88, that Defts. were 100% negligent, and this action proceeded on damages. Injuries: James Patrick Mills (age 56 at the time of the accident, defense verdict on damages) punctured eardrum; cervical radiculopathy; post-concussion syndrome; headaches; injuries to the back and neck. Deft. contended that Pltf.’s back injuries were preexisting and were not related to this accident. Deft. also denied that Pltf. sustained a serious injury under the No-Fault Law, Insurance Law ? 5102(d). James Mills (age 29, settled during damages trial for $35,000) fractured rib; fractured teeth; scar to the lip; concussion with post- concussion syndrome. Demonstrative evidence: economist’s chart of lost earnings and benefits; photo of the damage to Pltf.’s car. Specials: $575, 302 for lost earnings. Offer: $87,500; demand: $300,000; amount asked of jury: over $1,000,000. Jury deliberation: 3? hours. Pltf. Experts: Dr. George Forster, neurologist, Manhattan; Dr. Conrad Berenson, economist, Woodbury; Dr. Malvin Coren, g.p., Bronx; Edmond Provder, vocational rehabilitation, Manhattan. Deft. Experts: Dr. Ralph Olson, neurosurgeon, Manhattan; Dr. Morris Ehrenreich, vocational rehabilitation, Manhattan.