AUTO ACCIDENTS
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Parties debated link between car crash and plaintiff’s injuries
10/11/2010
Giudita Paci-O’Rourke & Kevin O’Rourke v. Rachel Lee Hicks & Richard Mishaan, No. 31302/07
Settlement: $775,000
Court: Suffolk Supreme
Judge: Paul J. Baisley Jr.
Plaintiff Attorney(s):
Glenn Auletta, Gruenberg & Kelly, P.C., Ronkonkoma, NY
Michael DellaUniversita, Gruenberg & Kelly, P.C., Ronkonkoma, NY
Defense Attorney(s):
Joseph Varvaro, Perez & Varvaro, Uniondale, NY
Facts & Allegations:
On Aug. 17, 2007, plaintiff Giudita Paci-O’Rourke, 36, an interior designer, was driving eastbound on County Road 39, near the intersection with the East Montauk Highway, in Hampton Bays. A vehicle operated by Rachel Lee Hicks and owned by Richard Mishaan veered out of its westbound lane into Paci-O’Rourke’s vehicle on the passenger’s side. Paci-O’Rourke claimed injuries to her back.
Paci-O’Rourke sued Hicks for motor vehicle negligence and Mishaan for vicarious liability in what Paci-O’Rourke contended was a sideswipe accident.
Hicks and Mishaan were both Australian nationals and were precluded from testimony because they did not return from Australia.
Plaintiff’s counsel contended that Hicks veered out of her lane to avoid striking an ambulance that was also westbound on CR 39.
Injuries/Damages:
ablation; decreased range of motion; diskectomy; epidural injections; herniated disc at C3-4; herniated disc at C4-5; microdiskectomy
Paci-O’Rourke was treated taken to Southampton Hospital, where CT scans revealed positive herniations in the cervical region at C3-4 level. In April 2008, she underwent a microdiskectomy for the herniation. Her pain continued, and on June 2 and June 9, 2008, she had cervical epidural injections. Later, on June 23, 2008, she was unsuccessfully treated with an epidural at L4-5. The same day, she also underwent percutaneous disc ablation surgery at L4-5. On Sept. 16 and Sept. 20, 2008, she again had epidural injections. In January 2010, she underwent a microdiskectomy for a herniation at C4-5.
Paci-O’Rourke claimed that she still has residual pain, mostly in the cervical level. She also claimed she was restricted in her range of motion, that it is difficult to take care of her young children and that she can no longer return to interior design, as she can no longer climb to take measurements for the projects and other activities involved with it.
Both of Paci-O’Rourke’s experts in orthopedics opined that Paci-O’Rourke’s injuries were causally related to the accident and that she will have permanent restriction of motion. Additionally, her no-fault physician found significant limitations in the cervical and lumbar levels.
Paci-O’Rourke’s expert in lost earnings found she would suffer a loss of $1.4 million to $2.4 million over her remaining work life of more than 30 years.
Paci-O’Rourke sought recovery of damages for her past and future pain and suffering. Her husband sought recovery of damages for his loss of consortium.
The defense’s expert in orthopedics conducted that the no-fault independent medical examination and found minor restrictions of motion. However, plaintiff’s counsel demonstrated that a no-fault pain management IME was conducted close in time to the orthopedic no-fault exam demonstrating significant restrictions of motion and authorizing the continuation of no-fault benefits based upon the positive examination.
The defense’s radiologist opined that Paci-O’Rourke’s injuries were degenerative in nature. The defense’s biomechanical expert opined that the accident was low speed and minimal and could not produce the associated injuries.
Result:
The parties negotiated a pretrial settlement. The defendants’ insurer agreed to pay $775,000.