Joann May v. Eugene Bell and DL Peterson Co.

Joann May v. Eugene Bell and DL Peterson Co.

FRACTURED PELVIS AND EXACERBATION OF FIBROMYALGIA

assistant buyer for a plastics company

Rockland, NY

$95,000 (6/0)

$95,000.00

XV/30-32 MOTOR VEHICLE RED LIGHT LEFT TURN BY PLAINTIFF FRACTURED PELVIS AND EXACERBATION OF FIBROMYALGIA

Joann May v. Eugene Bell and DL Peterson Co. 8291/91 10-day trial Verdict 11/26/97 Rockland Supreme

Judge: William E. Sherwood

Verdict: $95,000 (6/0). Breakdown: $50,000 for past pain and suffering; $45,000 for past lost earnings. Jury: 2 male, 4 female. Notice of Appeal by Pltf.

Pltf. Atty: Jeffrey M. Adams of Adams Law Firm, New City

Deft. Atty: Arthur J. Vout?, Jr. of Vout?, Lohrfink, Magro & Collins, White Plains

Facts: Pltf., a 37-year-old assistant buyer for a plastics company, claimed that on 4/15/91 at approximately 4:30 PM she was involved in a motor vehicle accident with Deft. s car. Pltf. testified that she was making a left turn from Bradley Park Rd. onto Rte. 303 in Orangeburg when Deft. went through a red light. Deft. conceded liability and this trial was on damages only.

Injuries: fractured pelvis. Pltf. was hospitalized for 7 days and then required bed rest to treat the fracture. Pltf. claimed that she developed urinary frequency 2 years after the accident and then 1 year after that she developed fibromyalgia, an underlying dormant condition that was activated by the accident. Pltf. claimed that she was unable to return to work due to her injuries. Pltf. s occupational therapist testified that her chances of employability were low. Deft. argued that the fracture healed uneventfully and that no therapy was required. Deft. contended that the subsequent conditions were not related to the accident and argued that Pltf. had suffered from Epstein-Barr virus and present condition was psychogenic. Demonstrative evidence: photographs; X-rays; hospital charts. Offer: $400,000; demand: $650,000. Jury deliberation: 90 minutes. Carrier: Chubb.

Pltf. Experts: Dr. Raphael Levine, treating orth. surg., Westwood, N.J.; Dr. Richard King, family practitioner, Valley Cottage; Dr. Emile Berlet, urologist, Westwood, N.J.; Edmond Provder, vocational rehabilitation, Manhattan; Colleen Maher, occupational therapist; Dr. Howard Blank, rheumatologist, Suffern (subpoenaed by Pltf.).

Deft. Experts: Dr. Robert Boothe, orth. surg., Nyack; Dr. Philip Larkin, urologist, White Plains; Dr. William Head, neuropsychiatrist, Staten Island.