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Car crash led to spinal fusion, plaintiff alleged
1/16/2009
John LaCamera and Jennifer LaCamera v. Michael Bentivenga and Theresa Bentivenga, No. 18332/07
Settlement: $1,175,000
Court: Suffolk Supreme, NY
Judge: Paul J. Baisley, Jr.
Plaintiff Attorney(s):
Glenn Auletta, Gruenberg & Kelly, P.C., Ronkonkoma, NY
Defense Attorney(s):
John Persons, Montford, Healy, McGuire & Salley, Garden City, NY
Facts & Allegations:
At about 10 p.m. on Dec. 25, 2006,
plaintiff Jennifer LaCamera, 27, a meat packer, was a passenger
of a vehicle that was being driven by her husband,
who was traveling on Arthur Kill Road, in Richmond
County. While their vehicle was stopped at a red traffic signal,
its rear end was struck by a trailing vehicle that was
being driven by Theresa Bentivenga. Ms. LaCamera
claimed that she sustained an injury of her back.
Ms. LaCamera sued Bentivenga and the owner of
Bentivenga’s vehicle, Michael Bentivenga. LaCamera
alleged that Theresa Bentivenga was negligent in the
operation of her vehicle. LaCamera further alleged that
Michael Bentivenga was vicariously liable for Theresa
Bentivenga’s actions.
LaCamera’s counsel moved for summary judgment of liability,
and the motion was granted. The matter proceeded
to damages.
Injuries/Damages:
LaCamera claimed that she sustained
a herniation of her L5-S1 intervertebral disc. She initially
underwent conservative treatment, but her injury ultimately
necessitated surgery that included a diskectomy,
which involved the excision of her herniated disc, and
fusion of her spine’s L5 and S1 levels.
LaCamera claimed that she suffers a total, permanent,
residual disability that prevents her resumption of work.
She sought recovery of $1.7 million to $2.5 million for her
future lost earnings. She also sought recovery of damages
for her past and future pain and suffering. Her husband presented
a derivative claim.
Defense counsel contended that Ms. LaCamera did not
sustain a serious injury, as defined by the no-fault law,
Insurance Law § 5102(d). He claimed that her herniation
was not a product of the accident, that she is not totally disabled
and that she can resume work.
Result:
The parties negotiated a pretrial
settlement. The defendants’ insurer agreed to pay
$1,175,000 from its $1.3 million policy. The money
addressed Ms. LaCamera’s pain and suffering.