William and Debra Schmitt v. Gregory and Eunice Hamanjian v. Christine Misle/Gregory and Eunice Hamanjian v. Christine Misle v. William Schmitt
Type of Injury
Hamanjian 100% liable in the first action. Subsequently settled for $250,000 after a jury was picked on damages in May 1993. Defense verdict in the second action (6/0).
XI/4-14 MOTOR VEHICLE HEAD-ON COLLISION FRACTURED HIP
William and Debra Schmitt v. Gregory and Eunice Hamanjian v. Christine Misle/Gregory and Eunice Hamanjian v. Christine Misle v. William Schmitt 14119/88 5-day trial Verdict 1/15/93 Judge Alfred M. Lama, Suffolk Supreme
VERDICT: Hamanjian 100% liable in the first action. Subsequently settled for $250,000 after a jury was picked on damages in May 1993. Defense verdict in the second action (6/0).
Pltf. Atty: Thomas J. Connelly, North Babylon, for Schmitt as Pltf.
Donald Perry for George Rockman, North Babylon, for Hamanjian as Pltf.
Deft. Atty: Thomas V. Incantalupo of Mitchell & Incantalupo, Forest Hills, for Hamanjian
Frank O’Brien of Allard, Fallon & Adler, Smithtown, for Misle
William E. Morrissey, Jr. of Curtis, Zaklukiewicz, Vasile, Devine & McElhenny, Merrick, for Schmitt as Deft.
Facts: On 6/24/88, Pltf. Schmitt, a 37-year-old self-employed carpenter, was struck head-on by a vehicle driven by Deft. Hamanjian (100% liable). Deft. Hamanjian crossed over Wellwood Ave. in Lindenhurst, struck a car driven by Deft. Misle, who was heading south, and then hit Pltf.’s vehicle. Hamanjian claimed that either Misle or a phantom vehicle cut him off, causing the accident. Deft. Hamanjian also contended that Misle and Pltf. were driving too fast in a school zone and that Pltf. was driving too closely behind Misle. Hamanjian died before trial of unrelated causes.
Injuries: (not before the jury settled for $250,000 after liability trial) fractured acetabulum requiring closed reduction. Pltf. claimed that he will require a future hip replacement. He returned to work as a carpenter 9 months after the accident. Demonstrative evidence: photos of accident scene and vehicles. Specials: $14,000 in medical expenses. Carrier: National Grange for Hamanjian. Pltf. Experts: Pltf. would have called Dr. Edmond Provder, vocational rehabilitation, Manhattan; Dino Rossini, seat belt expert, Hempstead; Dr. Michael Carroll, orth. surg., Massapequa.