Robert Yade v. Northeast Leasing Corp. and Agrexco-Carmel Corp.
Type of Injury
New York, NY
Pltf.’s verdict on liability (6/0). Subsequently settled for a structured settlement totalling $1,800,000 over 25 years, providing for ten flat payments plus monthly payments increasing 3% per year.
III/12-40U MOTOR VEHICLE – PEDESTRIAN – HERNIATED DISC
Robert Yade v. Northeast Leasing Corp. and Agrexco-Carmel Corp. 1214/86 5-day trial Verdict 6/1/88 Judge Peter C. Patsalos, Orange Supreme
VERDICT: Pltf.’s verdict on liability (6/0). Subsequently settled for a structured settlement totalling over 25 years, providing for ten flat payments plus monthly payments increasing 3% per year.
Pltf. Atty: John J. Basso of Moran, Spiegel, Pergament & Brown, Poughkeepsie
Deft. Atty: Benjamin E. Selig of Hurley, Fox, Selig & Kelleher, Stony Point
Facts: Pltf., a 40-year-old truck driver, was the victim of a hit and run by Deft.’s employee. Pltf.’s truck had been involved in a fender bender with Deft.’s truck on the Van Wyck Expy. on 2/7/83. Pltf. got out of his truck and approached Deft. to exchange information. When asked for information, Deft.’s driver suddenly pulled away, clipping Pltf.
Deft. denied ownership of the truck. Even if it was their truck, Deft. argued, Pltf. had been negligent for stopping to exchange information on the busy roadway. Pltf. had tried to pursue the truck and did get a license number. Pltf. also received a missing record charge as the driver’s log for that particular truck had disappeared.
Injuries: herniated disc at L4-5; bulging disc at L3-4; laminectomy and one additional surgery; numbness; drop foot. Pltf. cannot perform any physical activity for more than 15 minutes. Pltf.’s back injury left him totally disabled, and his economist projected lost earnings of $1.25 million over 26 years. Lost wages were estimated at $159,000 and medical costs at $30,000. Pltf. did briefly attempt to return to work. Pltf. faces the choice of undergoing a third corrective surgery, but with a 30% risk of paralysis. Jury deliberation: 30 minutes. Demonstrative evidence: aerial photographs (to show the proximity of Deft.’s garage to the Van Wyck Expy.), blowups of motor vehicle abstracts, a physician’s videotaped EBT testimony. Note: prior to settlement, Pltf. circulated a professionally produced videotaped settlement brochure of expert testimony of the rehabilitation expert, the economist, and the psychologist. Pltf. Experts: Andrew Weintraub, economist, Temple Univ.; Edmond Provder, rehabilitation specialist; Dr. John Handago, primary treating physician, Goshen; Dr. Sheldon Krems, Ph.D., psychiatrist. No defense experts.