AUTO ACCIDENTS
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Head-on car crash caused knee injury, plaintiff alleged
4/26/2010
Daniel W. Smith & Frances Smith v. John A. DeAngelis & Patricia DeAngelis,
No. 2898/08
Verdict: $150,000
Court: Suffolk Supreme
Judge: Denise F. Molia
Plaintiff Attorney(s):
Denny Brown, Gruenberg & Kelly, Ronkonkoma, NY
Defense Attorney(s):
John W. Hobbes, John W. Hobbes, PLLC, Riverhead, NY
Facts & Allegations:
On Nov. 6, 2007, plaintiff Daniel Smith, 54, a self-employed landscaper, was driving along Route 25, Middle Country Road, in Middle Island, when a vehicle traveling in the opposite direction crossed over the double yellow line and struck his vehicle head-on.
Smith sued the driver of the other vehicle, John DeAngelis, and that vehicle’s owner, Patricia DeAngelis. He alleged that Mr. DeAngelis was negligent in operation of his vehicle and that Ms. DeAngelis was vicariously liable for the driver’s actions.
The defendants conceded liability, and the matter proceeded to a summary jury trial that addressed damages.
Injuries/Damages:
decreased range of motion; physical therapy; torn anterior cruciate ligament
Smith was taken from the scene by ambulance and transported to John T. Mather Memorial Hospital, in Port Jefferson, where he received minor treatment.
Smith claimed that he sustained a partial tear of the left knee’s anterior cruciate ligament. He received approximately three months of physical therapy. Smith also claimed that he continues to suffer pain and loss of range of motion in his left knee, but that he did not miss time from work. However, he contended that he will eventually require surgery to treat his knee’s condition.
Smith sought recovery of damages for his past and future pain and suffering.
Defense counsel contended that the alleged knee injury was minor and did not affect the plaintiff’s daily life. He also asserted that Smith was able to return to work after the accident without missing any time and disputed Smith’s allegations of needing additional treatment in the future. Thus, defense counsel argued that Smith did not sustain a serious injury, as defined by the no-fault law, Insurance Law § 5102(d).
Result:
The jury found that Smith sustained a serious injury in the accident and awarded Smith $150,000.