AUTO ACCIDENTS
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Plaintiff’s elbow fractured in car crash
11/3/2010
John Letson v. Nicholas Manetta and Enrico Manetta, No. 17519/09
Mediated Settlement: $750,000
Court: Queens Supreme
Neutral(s): John P. DiBlasi
Plaintiff Attorney(s):
Glenn Auletta, Gruenberg & Kelly, P.C., Ronkonkoma, NY
Defense Attorney(s):
Denise A. Cariello, Furey, Perez & Vavaro, Uniondale, NY
Facts & Allegations:
On May 23, 2009, plaintiff John Letson, 45, a water plant treatment supervisor, was driving westbound in a legal dune buggy on Route 25, in Southold, when he was struck by a vehicle operated by Nicholas Manetta, who was eastbound on Route 25 and made a left directly into the side of Letson’s dune buggy. Letson sustained injuries to his left elbow.
Letson sued Manetta for motor vehicle negligence and Manetta’s father, Enrico Manetta, for vicarious liability, as the owner of Manetta’s vehicle.
Defense counsel stipulated liability.
Injuries/Damages:
decreased range of motion; elbow; fracture, elbow; internal fixation; open reduction
Letson was transported by EMS to Eastern Long Island Hospital for a fracture of his left, nondominant elbow. On May 24, 2009, he underwent open reduction and internal fixation for repair, with pins inserted. During his rehabilitation, the pins broke and he had to have a revision surgery three months later. Letson was out of work for six months.
Letson claimed that he still has residual pain as a result of weather changes and some motion restriction in terms of extension—he can no longer can fully extended his arm and cannot lift heavier objects. He further claimed that he can no longer enjoy or participate in his main and only hobby, martial arts. He was a third-degree black belt and an instructor at a martial arts school for 10 years, and he contended that he can no longer be an instructor because of the inability to extend his arm, to toss throws and blocks.
Letson’s expert in orthopedic surgery opined that Letson’s injury was a result of the subject accident. He noted that Letson would require a third surgery to remove the pins that were recently replaced and further opined that Letson would have permanent restrictions because of his injury.
Letson sought recovery of damages for his past and future pain and suffering.
Defense counsel primarily argued that Letson had a full and complete recovery based on the defense’s independent medical examination. The defense’s expert in orthopedics, who performed the exam, did find objective evidence of a permanent restriction of motion on extension of Letson’s arm.
Result:
The parties negotiated a pretrial settlement, which was finalized via the guidance of mediator John DiBlasi. The defendants’ insurer agreed to pay $750,000.