AUTO ACCIDENTS
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Car crash’s parties disputed status of traffic signals
7/1/2010
Stephen Silver & Laveen Silver v. Mary Ellen Ryan Sklar, No. 33517/06
Verdict: $596,850
Actual: $134,332
Court: Suffolk Supreme
Judge: Joseph Farneti
Plaintiff Attorney(s):
Glenn Auletta, Gruenberg & Kelly, P.C., Ronkonkoma, NY
Defense Attorney(s):
Timothy F.X. Jones, Picciano & Scahill, PC, Westbury, NY
Facts & Allegations:
On Nov. 18, 2006, plaintiff Stephen Silver, a 42-year-old self-employed man, was driving on Sunrise Highway’s westbound service road, near its intersection at Johnson Avenue, in Sayville. As he proceeded through the intersection, his vehicle collided with a sport utility vehicle that was being driven by Mary Ellen Ryan Sklar, who was traveling on the southbound side of Johnson Avenue. Silver’s vehicle became airborne. It sailed over a road divider, and it flipped several times. Silver claimed that he sustained injuries of his back, his neck and a shoulder.
Silver sued Sklar. He alleged that Sklar was negligent in the operation of her vehicle.
Silver claimed that Sklar ignored a red traffic signal that should have prevented her entrance to the intersection. He contended that he could not recall whether the service road’s signal was green or yellow when he entered the intersection.
Sklar contended that Silver ignored a red signal, and she claimed that a green signal permitted her entrance to the intersection. Two witnesses supported Sklar, though they recanted earlier contentions that Silver ignored a red signal and suggested that his signal may have been yellow.
Injuries/Damages:
comminuted fracture; fracture, clavicle; fracture, shoulder; internal fixation; open reduction; sprain, cervical; sprain, lumbar; strain, cervical; strain, lumbar
Silver was placed in an ambulance, and he was transported to a hospital. Doctors determined that he sustained a severely comminuted fracture of the distal region of his left, nondominant shoulder’s clavicle. Silver claimed that he also sustained sprains and strains of his back and neck.
After seven days had passed, Silver’s fracture was addressed via open reduction and internal fixation. The hardware was removed some six months later.
Silver contended that he suffers residual pain that necessitates his use of Vicodin. He claimed that the medication prevents his resumption of manual labor and makes it unsafe for him to operate a motor vehicle. He also claimed that his pain prevents his resumption of other physical activities, such as playing basketball with his daughter. He contended that his relationship with his daughter has been strained as a result. He also contended that he requires additional shoulder surgery, but that he cannot afford the treatment.
Silver sought recovery of his past and future medical expenses, his past and future lost earnings, and damages for his past and future pain and suffering. His wife presented a derivative claim.
Defense counsel contended that Mr. Silver can resume work. He also noted that Silver has been issued speeding tickets since the accident, demonstrating that he can operate a motor vehicle.
Result:
On Feb. 19, 2009, a jury found that Sklar was negligent. However, Silver was assigned 80 percent comparative negligence. After a mistrial, another jury determined that Silver’s damages totaled $596,850. After the offset of Silver’s comparative negligence, the damages were reduced to $119,370. Silver also recovered $14,961.80 in interest, for a final total of $134,331.80.