Soricelli v. Marquez, et al.

Soricelli v. Marquez, et al.

TORN ACHILLES TENDON

salesperson

Bronx, NY

This $225,000 settlement, before jury selection, arose out of an accident that occurred on 7/5/93

$225,000.00

XIV/34-31 MOTOR VEHICLE REAR END TORN ACHILLES TENDON

SETTLEMENT: Soricelli v. Marquez, et al. 24241/93 Date of Settlement 10/6/96 Bronx Supreme

Pltf. Atty: Robert A. Hyman, Tarrytown

This $225,000 settlement, before jury selection, arose out of an accident that occurred on 7/5/93 at the intersection of Central Park Ave. and Crisfield St. in Yonkers. Pltf., a 40-year-old salesperson at the time, claimed that Deft. s truck hit his car in the rear while he was stopped at a red light. Pltf. was granted summary judgment on liability after depositions.

Injuries: tear of the left Achilles tendon requiring surgery and a tendon autograft; nightmares. Pltf. underwent physical therapy and a second procedure to remove the suture. He has a limp and occasionally uses a cane. After emergency room treatment on the date of the accident, Pltf. did not seek further treatment for the injury until 6 weeks after the accident, and Deft. would have denied causation and argued that it was improbable that Pltf. could have walked on the injured foot for that long a period without seeking medical treatment. Demonstrative evidence: CAT scans; X-rays; surgical photos. Specials: $30,000 for medical expenses; $ 20,000 for lost earnings. Pltf. Experts: Pltf. would have called Dr. Martin O Malley, orth. surg. (by videotape); Edmond Provder, vocational rehabilitation, Manhattan; Dr. Arthur Greenspan, neuropsychiatrist, Manhattan. Deft. Expert: Deft. would have called Dr. Robert Richman, orth. surg., Manhattan.