Sonia Suga v. City of New York and NYCCHC

Sonia Suga v. City of New York and NYCCHC

FRACTURES OF THE ELBOW, VERTEBRA, AND TIBIAL PLATEAU

Queens, NY

$1,349,000 (6/0). Breakdown: $580,000 for past pain and suffering; $73,000 for past lost earnings; $36,000 for past medical expenses; $510,000 for future pain and suffering?

$1,349,000.00

XI/33-14 MOTOR VEHICLE PEDESTRIAN AT BUS STOP FRACTURES OF THE ELBOW, VERTEBRA, AND TIBIAL PLATEAU

Sonia Suga v. City of New York and NYCCHC 22484/91 6-day trial Verdict 2/4/94 Judge Orin R. Kitzes, Queens Supreme

VERDICT: $1,349,000 (6/0). Breakdown: $580,000 for past pain and suffering; $73,000 for past lost earnings; $36,000 for past medical expenses; $510,000 for future pain and suffering; $100,000 for future lost earnings; $50,000 for future medical expenses. Post-trial motions were denied. Jury: 3 male, 3 female.

Pltf. Atty: Gerald Eisenberg of Eisenberg, Margolis, Friedman & Basichas, Manhattan

Deft. Atty: William J. Fay, Jr., Asst. Corp. Counsel

Facts: The accident occurred on 6/5/91 at 11:40 AM near the intersection of 164th St. and 82nd Rd. in Flushing. Pltf., a 62-year-old patient transporter for Long Island Jewish Hospital, claimed that she was truck by a van owned by Deft. NYCHHC as she stood at a bus stop. She claimed that the van, which was improperly parked at the bus stop, backed up without warning and knocked her down. Pltf. produced the uniform that she was wearing at the time of the accident which bore tire marks from the van. Deft. contended that Pltf. was leaning over the curb and was not paying attention to her surroundings or to the sound of the van backing up.

Injuries: fracture of the left (nondominant) elbow requiring open reduction and internal fixation; compression fracture at L-2; fracture of the tibial plateau; fractured ribs. Pltf., who was employed by Long Island Jewish Hospital for 22 years, claimed that she is no longer able to work. Pltf.’s expert testified that she will require future surgery for the removal of the hardware from her elbow. Pltf.’s vocational rehabilitation expert testified that she is completely disabled from work. Demonstrative evidence: X-rays; MRIs; enlargements of Defts.’ accident reports; enlargements of photographs; the uniform that Pltf. was wearing at the time of the accident. Offer: $300,000; demand: $1,500,000; amount asked of jury: $1,800,000. Jury deliberation: 6 hours. Pltf. Experts: Dr. Ronald Light, orth. surg., Lake Success; Edmond Provder, vocational rehabilitation, Manhattan. There was no expert testimony for Deft.