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Car crash produced knee injury, plaintiff alleged
2/7/2008
Antonia Tapper v. John D Bascombe & PJ Mechanical Corp, No. 30986/05
Verdict: $2,343,000
Court: Kings Supreme, NY
Judge: Lawrence Knipel
Plaintiff Attorney(s):
Guy Gruenberg, Gruenberg & Kelly, PC, Ronkonkoma, NY
Defense Attorney(s):
David R. Beyda, Cartafalsa, Slattery, Turpin & Lenoff, New York, NY
Facts & Allegations:
On July 16, 2005, plaintiff
Antonia Tapper, 35, a hotel’s housekeeping manager, was
driving in Brooklyn. While she was near the intersection
of Flatbush and Lafayette avenues, her vehicle was struck
by a trailing vehicle that was being driven by John
Bascombe. Tapper claimed that she sustained an injury of
one knee.
Tapper sued Bascombe and the owner of his vehicle, PJ Mechanical Corp. She alleged that Bascombe was negligent in the operation of his vehicle and that PJ Mechanical was vicariously liable for Bascombe’s actions.
Tapper’s counsel moved for pretrial summary judgment of liability, and the motion was granted. The trial addressed damages.
Injuries/Damages:
Tapper claimed that she sustained a
tear of her right knee’s meniscus. The injury was repaired
via arthroscopic surgery. She contended that she later
developed problems with her left knee as a result of the
extra weight put on it because of the right knee’s injury. She
developed arthritic conditions of both legs and has
restricted range of motion in her legs and knees. She
claimed that she wears braces on her legs and walks with
the aid of a cane. It is unknown if she will ever be able to
walk without assistance.
Tapper contended that her disabilities prevent her resumption of work. She sought recovery of her past and future lost earnings and damages for her past and future pain and suffering.
Defense counsel contended that the collision produced a merely minor impact that could not have caused the injury that Tapper claimed to have sustained. Thus, he argued that Tapper did not sustain a serious injury, as defined by the no-fault law, Insurance Law § 5102(d).
Result:
The jury found that Tapper’s damages totaled $2,343,000.