Blog Layout

Joseph Iocovello v. Salvio Construction

Joseph Iocovello v. Salvio Construction

Case Name

Joseph Iocovello v. Salvio Construction

Type of Injury

NO-FAULT QUESTION ON BULGING DISC AND SPINAL STENOSIS

Occupation

N.Y.C. sanitation worker

Location

Bronx, NY

Verdict

Defense verdict on damages.

Verdict Amount

$0.00

Case Details

XI/22-6 MOTOR VEHICLE LEFT TURN NO-FAULT QUESTION ON BULGING DISC AND SPINAL STENOSIS DEFENSE VERDICT

Joseph Iocovello v. Salvio Construction 17887/90 8-week trial Verdict 9/23/93 Judge Barry Salman, Bronx Supreme

VERDICT: Defense verdict on damages. Jury: 2 male, 4 female.

Pltf. Atty: G. Michael Simmon for Weingrad & Weingrad, Manhattan

Deft. Atty: Joseph T. Jednak of Wilson, Bave, Conboy & Bave, White Plains

Facts: Pltf., a 44-year-old N.Y.C. sanitation worker, claimed that on 11/14/89 he was traveling on Nereid Ave. when his vehicle was struck by Deft.’s vehicle as Deft. was making a left turn onto Bronx Blvd. in the Bronx. Pltf. claimed that he had the right-of-way and that Deft. turned suddenly. Pltf. testified that the impact caused him to hit his head on the windshield. Deft. contended that Pltf. was comparatively negligent because he was speeding. Two eyewitnesses testified for each party, corroborating their testimonies.

Injuries: bulging lumbar disc; spinal stenosis; laceration to the apex of the head requiring 35 stitches and resulting in a U-shaped scar on his head. Pltf. did not get off the witness stand to show the scar to the jury. Pltf. was out of work intermittently after the accident and currently has a pending medical separation from work. He produced three sanitation workers who testified as to his future lost earnings. Pltf., a bodybuilder, claimed that he was unable to keep up with his weightlifting. On Pltf.’s back injuries, Deft. contended that they were minor. There was one positive and one negative MRI admitted into evidence. Deft. denied that Pltf. sustained a serious injury under the No-Fault Law, Insurance Law ? 5102(d). The jury found for Deft. on the No-Fault questions, and did not render a verdict on liability. Demonstrative evidence: hospital records; Dept. of Sanitation letters; photographs of Pltf. before the accident, the vehicles, Pltf.’s scar; MRI; X-rays; models and drawings of spine. Specials: $650,000 for future lost earnings; $54,000 for past lost earnings. Offer: $200,000; demand: $500,000; amount asked of jury: $2,200, 000. Jury deliberation: 1? days. Carrier: CNA. Pltf. Experts: Edmond Provder, vocational rehabilitation, Manhattan; Dr. Robert Hyman, orth. surg., Manhattan. Deft. Expert: Dr. Lawrence Kaplan, neuropsychiatrist, Manhattan

Disclaimer: The information on this website and blog is for general informational purposes only and is not professional advice. We make no guarantees of accuracy or completeness. We disclaim all liability for errors, omissions, or reliance on this content. Always consult a qualified professional for specific guidance.

RECENT POSTS

Choose OAS as Your Vocational Expert for Social Security Cases
February 3, 2025
Searching for VA expert for SSD cases. We will explore why choosing OAS as your vocational expert is the best decision for your Social Security Disability case.
How OAS Vocational Supports Veterans with Disability Evaluations? - oasinc
January 20, 2025
OAS Vocational provides specialized support for veterans, ensuring they receive fair & accurate evaluations for their disabilities.Contact oas vocational expert
Common Motorcycle Crashes and How to Avoid Them - OAS
January 6, 2025
Learn about the most common types of motorcycle crashes and practical tips to avoid them, helping you stay safe and prevent accidents on the road.
How is OAS Vocational Assessment helpful in Medical Malpractice Cases?
December 23, 2024
This guide will explore why OAS should be your go-to legal partner for medical malpractice cases and how they can help you navigate the complex legal system
Why Choose OAS For Wrongful Death? - Oasinc
December 2, 2024
Choose OAS For Wrongful Death. Our vocational expert guides you through the legal process and helps you seek justice & compensation for a wrongful death.

CONTACT US

Share by: