AUTO ACCIDENTS
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Motorist ignored stop sign, caused crash, plaintiff claimed
4/26/2011
Douglas Roth and Sandra Roth v. Anikumar S. Patil and EAN Trust, No. 48777/09
Settlement: $215,000
Court: Suffolk Supreme
Judge: Arthur G. Pitts
Plaintiff Attorney(s):
Glenn Auletta, Gruenberg & Kelly, P.C., Ronkonkoma, NY
Defense Attorney(s):
Vassilios F. Proussalis, Carman, Callahan & Ingham, LLP, Farmingdale, NY
Facts & Allegations:
On Oct. 27, 2009, plaintiff Douglas Roth, 46, a graphic designer, was driving westbound on Vanderbilt Parkway, in Half Hollow Hills. As Roth drove by Half Hollow Hills High School, his vehicle was struck on the driver side front fender by the passenger-side corner of a rental vehicle operated by Anikumar Patil, attempting a left turn onto westbound Vanderbilt from the school’s parking lot. Roth claimed that he sustained injuries of his back, his neck and a wrist.
Roth sued Patil and the owner of Patil’s vehicle, EAN Trust. Roth alleged that Patil was negligent in the operation of her vehicle. He further alleged that EAN Trust was vicariously liable for Patil’s actions.
Roth’s counsel contended that Patil violated New York State Vehicle and Traffic Law § 1142 by failing to yield to oncoming traffic. A school security officer that witnessed the accident claimed that Patil did not stop at the stop sign located at the parking lot’s exit.
Defense counsel contended that Roth failed to see what was there to be seen, and should have avoided the accident.
Injuries/Damages:
arthroscopy; back; internal fixation; neck; soft-tissue injuries; torn ligament; wrist
Roth treated with his primary care physician on the date of the accident, with complaints of neck, lower back and left-hand pain. He was diagnosed with torn ligaments in his left, dominant wrist, and he underwent arthroscopic surgery with the insertion of hardware on Jan. 27, 2010. Roth had surgery to have the hardware removed on March 13, 2010. He also claimed that he sustained injury of soft tissue of his back and neck. Those injuries were not treated.
Roth missed six weeks of work following the accident but has since returned to full capacity. He claimed that while his neck and back symptoms have resolved, he still deals with pain and minor restrictions in his left wrist.
Roth’s medical costs were covered by no-fault insurance. He sought damages for past lost earnings and for his pain and suffering. His wife sought damages for her loss of consortium.
Defense contended that Mr. Roth’s wrist surgery wasn’t medically necessary.
Result:
The parties negotiated a settlement, in which Roth recovered $215,000. The defendants’ primary insurer agreed to pay $190,000, and their excess insurer agreed to pay $25,000.