Andrew Brown and William Major v. Zoraida Quinones and ECCO III
Type of Injury
KNEE INJURIES AND HERNIATED LUMBAR DISC
This action settled during trial for $1,475,000 for Brown and $90,000 for Major.
XVI/16-44 MOTOR VEHICLE TRACTOR-TRAILER ACCIDENT REAR END CONSTRUCTION ZONE KNEE INJURIES AND HERNIATED LUMBAR DISC
SETTLEMENT: Andrew Brown and William Major v. Zoraida Quinones and ECCO III 8926/94 Date of Settlement 7/6/98 Bronx Supreme
Pltf. Atty: Helene E. Blank, of counsel to S. Edmond Resciniti, Brooklyn
This action settled during trial for $1,475,000 for Brown and $90,000 for Major. Pltfs. claimed that on 10/4/93 at approximately 9:45 AM they were involved in separate motor vehicle accidents while traveling north on I-95 between exits 19 and 22 in Westchester County. Pltf. Brown, a 29- year-old truck driver, was driving a tractor-trailer when Deft. Quinones, a heavy equipment operator, pulled onto the highway in a construction zone without warning or the use of a flagperson. Pltf. claimed that he was unable to stop in time, and struck the rear of the payloader. Pltf. Major, a 41-year-old tractor-trailer driver, was driving behind Brown and struck Brown’s trailer in the rear.
Deft. argued that Pltfs. were speeding in the construction area, and that Major was following too closely behind Brown. Deft. contended that the impact caused by Major contributed to Brown’s injuries.
Injuries: Brown (a 29-year-old tractor-trailer driver $1,475,000 settlement) torn medial menisci of both knees; partial tear of the right anterior cruciate ligament with swelling, joint effusion, and instability; bilateral chondromalacia; cerebral concussion with post-concussion syndrome, headaches, dizziness, memory impairment; cervical and lumbar sprain; blunt trauma to the chest, lung, and abdomen requiring intubation and cardiac monitoring. Pltf. required arthroscopic surgery, synovectomy, meniscectomy, and debridement. Pltf. claimed that he was unable to return to work and he is receiving Social Security Disability. Major (a 41-year- old tractor-trailer $90,000) herniated lumbar disc at L4-5; lumbar radiculopathy; internal derangement of the right knee; cervical sprain; loss of cervical lordosis; right ankle sprain. Pltf. claimed that he suffers swelling, tenderness, and restricted range of motion. He was out of work for 7 months. Specials: approximately $118,000 for Brown; approximately $40,000 for Major. Carriers: St. Paul Fire and Marine and AIG. Settlement apportionment: Brown: $1,350,000 was paid by Deft.; $125, 000 was paid by Major on counterclaim. Major: The entire settlement was paid by Deft.
Pltf. Experts: Dr. Irving Liebman, orth. surg., Manhattan; Dr. Eli Lippman, orth. surg., Baltimore, Maryland; Thomas Fitzgerald, Ph.D., economist, Mt. Vernon; Edmond Provder, vocational rehabilitation, Manhattan.
Deft. Experts: Dr. Mark Silverman, orth. surg., Rego Park; Dr. Jerome Block, neurologist, Manhattan; Dr. Lewis Rothman, radiologist, Manhattan; John McManus, accident reconstruction, White Plains; Richard Hermance, accident reconstruction, Tillson.