Joyce Dingle v. Patricia Virga; Donald Harman Verdicts

 Case Name

Joyce Dingle v. Patricia Virga; Donald Harman; Liberty Lines, Inc.; County of Westchester

Type of Injury

HERNIATED LUMBAR DISC, DENTAL, AND NASAL INJURIES

Location

Westchester, NY

Verdict

$574,505. Virga 100% negligent. Defense verdict for other Defts.

Verdict Amount

$574,505.00

Case Details

VIII/6-14 MOTOR VEHICLE — LEFT TURN IN FRONT OF BUS — PASSENGER SUFFERS HERNIATED LUMBAR DISC, DENTAL, AND NASAL INJURIES

Joyce Dingle v. Patricia Virga; Donald Harman; Liberty Lines, Inc.; County of Westchester; and Westchester County Dept. of Transportation 16160/87 13-day trial Judge W. Denis Donovan, Westchester Supreme

VERDICT: $574,505. Virga 100% negligent. Defense verdict for other Defts. Breakdown: $7,800 for past medical expenses; $4,825 for past dental expenses; $4,600 for past hospital expenses; $150 for past medication expenses; $120,000 for past loss of earnings; $830 for past rehabilitation services; $130,000 for past pain and suffering; $9,000 for future medical expenses; $6,000 for future hospital expenses; $4,000 for future custodial care/household services; $2,000 for future medical appliances; $300 for future medication; $132,000 for future loss of earnings; $1,000 for future rehabilitation services; $152,000 for future pain and suffering including permanent effect of injuries. Notice of Appeal by Deft. Virga.

Pltf. Atty: Louis J. Galgano III for Michael A. Russo, White Plains

Deft. Atty: Paul Aronow and Susan A. Flynn for William J. Cariello, Garden City

Facts: Pltf., 36 years old at the time of the accident on 5/14/87, was a passenger on a bus owned by Westchester County, driven by Donald Harman, and operated by Liberty Lines. Deft. Virga (100% liable) made a left turn in front of Deft.’s bus at the intersection of Dunnings Dr. and Tarrytown Rd. in Greenburgh. Although neither the bus nor the Virga vehicle made contact, the bus swerved, causing Pltf. to fall out of her seat. Injuries: concussion; nasal fracture with deviated septum; lacerations of the mouth; fracture of a fixed dental bridge; loosening of several natural teeth; cervical sprain; herniated lumbar disc. Pltf. underwent a lumbar laminectomy of L5-S1 with disc excision and nerve root decompression. Pltf.’s experts testified that she will be required to undergo a spinal fusion to L5-S1 intervertebral space and a surgical correction of the deviated nasal septum. Pltf. had been employed as a computer technician prior to the accident. She claimed that she can no longer work. Deft. contended that Pltf. made a good recovery from past surgical procedures and is capable of employment. Pltf. Experts: Dr. Dan Moskowitz, otolaryngologist, White Plains; Dr. Cornelius Jenkins, D.D.S., dentist, White Plains; Edward Provder, occupational assessment expert, Manhattan; Dr. John Galeno, orth. surg., Briarcliff; Dr. Conrad Berenson, Ph.D., economist, Woodbury. Deft. Experts: Dr. Steven Kase, otolaryngologist, White Plains; Dr. Chandra M. Sharma, neurologist, Manhattan; Dr. David Koretz, orth. surg., Plainview.