AUTO ACCIDENTS
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Car crashes blamed on trucker’s decision to park in traffic
5/2/2011
Jonessia Jarrell and Stephen Jarrell v. William Milken, Jr. 4L Equipment Leasing, LLC and InterCounty Paving Associates, No. 20915/08
Settlement: $325,000
Court: Nassau Supreme
Plaintiff Attorney(s):
Glenn Auletta, Gruenberg & Kelly, P.C., Ronkonkoma, NY
Michael DellaUniversita, Gruenberg & Kelly, P.C., Ronkonkoma, NY
Defense Attorney(s):
Christopher C. Vassallo, Huenke & Rodriguez, Melville, NY
Facts & Allegations:
At about 5:30 p.m. om Oct. 7, 2008, plaintiff Jonessia Jarrell, 51, a retiree and a part-time school security guard, was driving on the westbound service road of Sunrise Highway, just west of Blueberry Lane, in East Patchogue. Jarrell crashed into a 30-yard dumpster connected to a truck that was parked on the westbound service road, extending 3 to 4 feet into the single lane for westbound moving traffic. Three other vehicles had previously crashed into the rear of the truck’s dumpster and were parked in front of the truck at the time of Jarrell’s collision. Jarrell claimed that she sustained injuries of her back, a hand and her neck.
Jarrell sued the truck’s driver, William Milken Jr.; the truck’s owner, InterCounty Paving Associates; and a subsidiary of that company, 4L Equipment Leasing, LLC. Jarrell alleged that Milken was negligent in the operation of his vehicle. Jarrell further alleged that the remaining defendants were vicariously liable for Milken’s actions.
Jarrell’s counsel contended that Milken violated New York State Vehicle and Traffic Law §§ 1201 and 1202, in regard to the illegal parking of his truck on the service road. Jarrell claimed that as she approached Milken’s parked vehicle, with the sun setting in her eyes, she moved to the middle of the one-lane road, but that the truck was parked in her lane of travel, causing the right, front bumper of her car to impact the rear of the dumpster. One of the other drivers that hit the truck claimed that he witnessed the accident, and he corroborated Jarrell’s account.
Injuries/Damages:
complex regional pain syndrome; fracture, metacarpal; herniated disc at C5-6; herniated disc at L4-5; physical therapy; reflex sympathetic dystrophy; steroid injection
Jarrell was placed in an ambulance, and he was transported to a hospital. She sustained fractures of the fourth and fifth metacarpals of her left, nondominant hand, for which she underwent subcutaneous pinning the day of the accident. She claimed that she also sustained herniations of her C5-6 and L4-5 discs, for which she had been undergoing physical therapy. She further claimed that a bone scan revealed that her left hand developed complex regional pain syndrome, a chronic neurological condition that is typically characterized by severe burning pain, pathological changes of bone and skin, excessive perspiration, swollen tissue, and/or increased sensitivity to physical stimuli. The syndrome is alternately termed “reflex sympathetic dystrophy.” She underwent pain-management treatment that included the administration of painkilling injections of steroids.
Result:
During the selection of a jury, the parties negotiated a settlement. The defendants’ insurer agreed to pay $325,000.