Vincent Micalizzi v. Stanford Superior Drug, Inc. and Barry Smith

Vincent Micalizzi v. Stanford Superior Drug, Inc. and Barry Smith

Case Name

Vincent Micalizzi v. Stanford Superior Drug, Inc. and Barry Smith

Type of Injury

BILATERAL CARPAL TUNNEL SYNDROME

Occupation

mover

Location

Bronx, NY

Verdict

$400,000 (6/0).

Verdict Amount

$400,000.00

Case Details

XI/2-6 MOTOR VEHICLE REAR END NO-FAULT QUESTION ON RADICULOPATHY AND BILATERAL CARPAL TUNNEL SYNDROME

Vincent Micalizzi v. Stanford Superior Drug, Inc. and Barry Smith 16145/91 2-week trial Verdict 6/16/93 Judge Gerald Crispino, Bronx Supreme

VERDICT: $400,000 (6/0). Breakdown: $25,000 for past pain and suffering; $10,000 for future pain and suffering; $115,000 for past lost earnings; $250,000 for future lost earnings. Post-trial motions were denied. Jury: 2 male, 4 female.

Pltf. Atty: Jeff S. Korek of Gersowitz, Libo & Korek, Manhattan

Deft. Atty: Paul Bibuld of Armienti, Brooks, Lubowitz, DeBellis & Dunphy, Manhattan

Facts: Pltf., a 47-year-old mover, claimed that on 1/29/91 his vehicle was struck in the rear by Deft.’s vehicle on the Bruckner Expwy. in the Bronx. Pltf. testified that he was traveling in the middle lane and that he slowed down as he passed a disabled car in the left lane. Deft. contended that Pltf. stopped short to avoid another vehicle in the left lane that had cut him off to avoid the disabled car. Pltf. denied that he was cut off by another car.

Injuries: cervical radiculopathy. Pltf. claimed that he developed bilateral carpal tunnel syndrome 3 months after the accident. He underwent surgery to both wrists. Pltf. also testified that he was unable to return to his previous employment and can only work at a sedentary job. He received Workers’ Compensation. Deft. denied that Pltf. sustained a serious cervical injury under the No-Fault Law, Insurance Law ? 5102(d), arguing that the carpal tunnel syndrome was related to Pltf.’s 25-year employment as a mover. Demonstrative evidence: diagram of median nerve; photographs of accident site; model of spine; economic chart. Offer: $150, 000; demand: $300,000; amount asked of jury: $900,000. Jury deliberation: 1? days. Carrier: Liberty Mutual. Pltf. Experts: Dr. Howard Finelli, orth. surg., Bronx; Dr. Jay Rosenbloom, examining neurosurgeon, Bronx (for Workers’ Compensation claim); Albert Levenson, economist, Woodmere; Edmond Provder, vocational rehabilitation, Manhattan. There was no expert testimony for Deft.

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

Deposition Insights: How OAS Helps Personal Injury Attorneys
March 2, 2026
Discover how OAS vocational evaluations and expert deposition support help personal injury attorneys strengthen cases and maximize settlement outcomes.
OAS Supports Injury Evaluations in Florida Car Accidents
February 16, 2026
OAS helps Florida car accident attorneys with injury evaluations, vocational assessments, and life care plans to ensure fair compensation for clients.
Maximizing Your Personal Injury Claim with OAS Experts
February 2, 2026
Learn how OAS expert services like vocational evaluations, life care plans, and demonstrative evidence help attorneys document damages in personal injury cases.
Why Demonstrative Evidence is Crucial in Catastrophic Injury Cases
January 19, 2026
Learn why demonstrative evidence is vital in catastrophic injury cases, helping juries understand complex facts, damages, and impact through clear visuals aids
What You Need to Know About Documenting Damages in Personal Injury Cases
January 5, 2026
This guide explains everything you need to know in clear and simple terms, including why documentation matters, what to collect, and how it helps with legal support.

CONTACT US