New York – This 39-year-old woman was injured as a passenger in a vehicle involved in a car crash with a second car in 2013. She suffered multiple injuries, including a bowel perforation due to a seatbelt injury and broken bones. She filed personal injury claims against the drivers of the two vehicles with the help of the injury law specialists of Morrison & Wagner. They helped negotiate a settlement of $375,000.
Illustrative Photo Credit: Dino Kuznik [License]
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Intersection collision caused bowel perforation (VerdictSearch.com by Priya Idiculla)
Mediated Settlement: $375,000
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Court: Suffolk Supreme, Suffolk County, New York
Injury Type(s): bowel/colon/intestine, perforation; scar and/or disfigurement; abdomen; fracture, radius; fracture, distal; fracture, metatarsal; fracture, wrist; wrist; fracture, toe; hyperpigmentation; keloid; physical therapy
Case Type: No-Fault Case — Motor Vehicle — Passenger — Motor Vehicle — Intersection
Date: November 2, 2016
Stuart Wagner; Morrison & Wagner; New York, NY
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Facts & Allegations:
Around 6 p.m. on May 1, 2013, the plaintiff, 39, a factory worker, was a front seat passenger in a 1998 Nissan operated by Defendant A., 23. As the vehicle was travelling westbound on Rappo Drive and approaching the intersection of Simeon Wood Road, in Islip, Suffolk County, a 2012 Hyundai operated by Defendant B who was travelling east bound on Rappo Road, made a left turn in front of the Defendant B’s vehicle. The front of Defendant A’s vehicle collided with the driver’s side door of Defendant B’s vehicle.
The Plaintiff sustained injuries to her abdomen, left non-dominant wrist and right foot.
Plaintiff sued both defendants. In a consolidated case, Defendant A, through different counsel, sued Defendant B, but the case settled.
Plaintiff contended that the defendants were negligent in the operation of their vehicles.
The intersection was controlled by a traffic signal. The traffic signal was green for travel on Rappo Road. A witness statement obtained by the police indicated that Defendant A’s head was down as she entered the intersection and there was speculation that she may have been looking down at her cell phone when the accident occurred.
Plaintiff contended that Defendant B was negligent in attempting a left turn across oncoming traffic. Plaintiff further contended that Defendant A was negligent in failing to take any evasive action to avoid the accident and for being inattentive.
Defendant A claimed she had the right of way, and therefore Defendant B was negligent in making a right turn and failing to yield to oncoming traffic. Defendant B claimed that Defendant A was not paying attention while she entered the intersection.
As a result of the impact and the pressure to her abdomen due to the seatbelt, the Plaintiff perforated her bowel. She also sustained a fracture to her left distal radius, and fractures to her right metatarsals, 1 through 4. The plaintiff also sustained pigmentation of her skin near her upper cheek as a result of the air bag deploying. The injured plaintiff was taken by ambulance to Southside Hospital for repair of the small bowel perforation. She underwent an emergency laparoscopy and small bowel repair on May 1, 2013. She remained in the hospital for six days. After discharge from the hospital she underwent physical therapy for her radial and toe fractures, which lasted until December, 2013.
Her wrist fracture was casted, and she wore a CAM Walker boot for her right toe fractures. She is left with keloid scarring along the abdomen. The plaintiff claims she has trouble now when lifting things with her left hand, and that when there is any pressure on her abdomen, she has pain. This includes that she can no longer sleep on her stomach, as it causes her irritation. The plaintiff missed three weeks of work after the accident and has since returned to work.
As the case was proceeding to jury selection, Judge Paul Baisley negotiated a settlement of $375,000 with the insurance carrier for Defendant A tendering their $25,000 policy, and with the insurance company for Defendant B paying $350,000.
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Judge: Judge Paul Baisley
Editor’s Note: This report is based on information that was provided by plaintiff’s counsel and defense counsel for Defendant A. Defense counsel for Defendant B did not respond to the reporter’s phone calls. Counsel for Defendant A in her consolidated case declined to contribute.