Vincent Micalizzi v. Stanford Superior Drug, Inc. and Barry Smith
Type of Injury
BILATERAL CARPAL TUNNEL SYNDROME
XI/2-6 MOTOR VEHICLE REAR END NO-FAULT QUESTION ON RADICULOPATHY AND BILATERAL CARPAL TUNNEL SYNDROME
Vincent Micalizzi v. Stanford Superior Drug, Inc. and Barry Smith 16145/91 2-week trial Verdict 6/16/93 Judge Gerald Crispino, Bronx Supreme
VERDICT: $400,000 (6/0). Breakdown: $25,000 for past pain and suffering; $10,000 for future pain and suffering; $115,000 for past lost earnings; $250,000 for future lost earnings. Post-trial motions were denied. Jury: 2 male, 4 female.
Pltf. Atty: Jeff S. Korek of Gersowitz, Libo & Korek, Manhattan
Deft. Atty: Paul Bibuld of Armienti, Brooks, Lubowitz, DeBellis & Dunphy, Manhattan
Facts: Pltf., a 47-year-old mover, claimed that on 1/29/91 his vehicle was struck in the rear by Deft.’s vehicle on the Bruckner Expwy. in the Bronx. Pltf. testified that he was traveling in the middle lane and that he slowed down as he passed a disabled car in the left lane. Deft. contended that Pltf. stopped short to avoid another vehicle in the left lane that had cut him off to avoid the disabled car. Pltf. denied that he was cut off by another car.
Injuries: cervical radiculopathy. Pltf. claimed that he developed bilateral carpal tunnel syndrome 3 months after the accident. He underwent surgery to both wrists. Pltf. also testified that he was unable to return to his previous employment and can only work at a sedentary job. He received Workers’ Compensation. Deft. denied that Pltf. sustained a serious cervical injury under the No-Fault Law, Insurance Law ? 5102(d), arguing that the carpal tunnel syndrome was related to Pltf.’s 25-year employment as a mover. Demonstrative evidence: diagram of median nerve; photographs of accident site; model of spine; economic chart. Offer: $150, 000; demand: $300,000; amount asked of jury: $900,000. Jury deliberation: 1? days. Carrier: Liberty Mutual. Pltf. Experts: Dr. Howard Finelli, orth. surg., Bronx; Dr. Jay Rosenbloom, examining neurosurgeon, Bronx (for Workers’ Compensation claim); Albert Levenson, economist, Woodmere; Edmond Provder, vocational rehabilitation, Manhattan. There was no expert testimony for Deft.