AUTO ACCIDENTS
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Car crash caused back and neck injuries,
plaintiff alleged
02-19-2008
John M. Chmielewski v. Darcy A. Oliver & Mamie C. Freeman, No. 6420/05
Verdict: $750,000
Court: Bronx Supreme, NY
Judge: Howard R. Silver
Plaintiff Attorney(s):
Michael Della Universita, Gruenberg & Kelly, P.C., Ronkonoma, NY
Defense Attorney(s):
Andrea L. Cru, Law Office of Mary Audi Bjork, Yonkers, NY
Facts & Allegations:
One day in 2005, plaintiff John
Chmielewski, 28, a demolition worker, was driving on
Route 59, in the Bronx. His vehicle's rear end was struck
by a trailing vehicle that was being driven by Darcy Oliver.
Chmielewski claimed that he sustained injuries of his back
and neck.
Chmielewski sued Oliver and the owner of Oliver's vehicle, Mamie Freeman. Chmielewski alleged that Oliver was negligent in the operation of his vehicle. Chmielewski further alleged that Freeman was vicariously liable for Oliver's actions. The matter proceeded to a summary jury trial.
Oliver contended that Chmielewski abruptly veered into the lane that his vehicle occupied and that he could not have avoided the collision.
Injuries/Damages:
Chmielewski was placed in an ambulance
and transported to Nyack [N.Y.] Hospital. He underwent
minor treatment.
Chmielewski ultimately claimed that he sustained a herniation of his C5-6 intervertebral disc. He also claimed that he developed bulges of his L2-3, L3-4, L4-5 and L5-S1 discs. Within two days of the crash, he commenced a course of physical therapy that lasted about nine months.
Chmielewski contended that he suffers residual disabilities and that, as a result, he cannot lift heavy objects, work out at the gym, ski or perform many of the household activities that he typically performed prior to the accident. He also contended that he has had to abandon his demolition work and accept a less strenuous job as a driver for a sanitation department. He further claimed that his disabilities have hindered his relationship with his parents.
Chmielewski sought recovery of damages for his past and future pain and suffering.
Defense counsel contended that Chmielewski did not sustain a herniation. She argued that Chmielewski did not sustain a serious injury, as defined by the no-fault law, Insurance Law § 5102(d).
Result:
The jury found that the defendants
were liable for the crash. It determined that Chmielewski's
damages totaled $750,000, all for his pain and suffering.