Joseph Iocovello v. Salvio Construction
Type of Injury
NO-FAULT QUESTION ON BULGING DISC AND SPINAL STENOSIS
N.Y.C. sanitation worker
Defense verdict on damages.
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