Raymond and Georgette Gilmore v. Owen Cosgrove

Raymond and Georgette Gilmore v. Owen Cosgrove

DEGENERATIVE DISC DISEASE AND RADICULOPATHY

truck driver

NY

$779,000 for Raymond G. (6/0).

$779,000.00

XIV/15-22 MOTOR VEHICLE LANE CHANGE SUMMARY JUDGMENT ON LIABILITY DEGENERATIVE DISC DISEASE AND RADICULOPATHY

Raymond and Georgette Gilmore v. Owen Cosgrove 973/95 5-day trial Verdict 9/20/96 Judge Robert C. Williams, Ulster Supreme

VERDICT: $779,000 for Raymond G. (6/0). Breakdown: $75,000 for past pain and suffering; $62,000 for past lost earnings; $17,000 for past medical expenses; $150,000 for future pain and suffering; $ 450,000 for future lost earnings; $25,000 for future medical expenses.

$25,000 for Georgette G. for loss of services. Post- trial motions were denied. Jury: 5 male, 1 female.

Pltf. Atty: Steven H. Cohen of Finkelstein, Levine, Gittelsohn & Tetenbaum, Newburgh

Deft. Atty: Thomas A. Murphy of Cook, Tucker, Netter & Cloonan, Kingston

Facts: Pltf., a 45-year-old union truck driver at the time, testified that on 8/30/94 he was driving a dump truck on the N.Y.S. Thruway in Clarkstown when the truck was hit by Deft. s vehicle, blowing out the left rear tire. Pltf. claimed that the force of the impact caused him to hit his chest on the steering wheel and then hit the back of the cab. Pltf. was granted summary judgment on liability and this trial was on damages only.

Injuries: activation of pre-existing asymptomatic degenerative disc disease in the lumbar spine; radiculopathy. Pltf. claimed that he has pain and numbness down his leg and that he requires a cane. He testified that as a result of his injuries, he was unable to return to work. Pltf. s vocational rehabilitation expert testified that Pltf. has a 10th-grade education and that he cannot be trained in another field. Deft. argued that Pltf. could not have sustained the injuries as a result of an impact between a 2,500-lb car traveling at 55 mph and an 80,000-lb. dump truck traveling at 40 mph, and contended that his injuries were pre-existing.

Demonstrative evidence: anatomical diagram; model of a disc; MRI; X-rays; photograph of the truck; medical records; income tax returns. Offer: $60,000; demand: $1,100,000; amount asked of jury: $ 1,200,000. Jury deliberation: 3 hours. Carrier: Allstate. Pltf. Experts: Edmond Provder, vocational rehabilitation, Manhattan; Thomas Kershner, economist, Saratoga Springs; Dr. Paul Jones, orth. surg., Monticello; Dr. Mark Newman, chiropractor, Monroe; Dr. Neil Dunkelman, physical medicine, Newburgh; Dr. Richard Geoghan, treating chiropractor, Cold Spring. Deft. Experts: Dr. Lewis Travis, neurologist, East Elmhurst; Dr. Albert Tannin, orth. surg., Kingston; Dr. Jacob Barie, radiologist, Middletown