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$1,650,000 result- cited in The New York Jury Verdict
Reporter
XVI/14-1 Motor Vehicle – Bicyclist Hit By City
Sanitation Truck - Jury Finds No Proximate Cause For Plaintiff's
Violation Of Traffic Law Prohibiting Bicyclists On Bridge -
Multiple Fractures And Herniated And Bulging Lumbar Discs Remittitur On Lost
Paul Hightower v. City of New York and Jacques Evans
131415/94 4- day trial Verdict 8/24/98 New York Supreme
Judge: Louis B. York
Verdict: $1,650,000 v. both Defts. (6/0), reduced in an oral
decision by the trial court to $1,400,000. See below. Breakdown:
$ 400,000 for past pain and suffering; $35,000 for past medical
expenses; $50,000 for past lost earnings; $1,000,000 for future
pain and suffering; $15,000 for future medical expenses;
$150,000 for future lost earnings.
The trial court set aside the awards for both past and future
lost earnings for Pltf.'s failure to admit any W-2 forms or tax
returns to corroborate his claims of lost earnings. The court
deducted an additional $50,000 for No-Fault payments, for a
total award of $1,400,000. Jury: 1 male, 5 female.
Pltf. Atty: Alan M. Greenberg, Manhattan, of counsel to Michael
Singer, Manhattan
Deft. Atty: Howard L. Singer, Asst. Corp. Counsel
Facts: On 6/16/94 at 9 AM, Pltf., a 23-year-old truck loader for
U.P.S. at the time, was riding his bicycle off the down ramp of
the Third Ave. Bridge when he was hit in the rear by a dump
truck owned by Deft.'s Dept. of Sanitation, driven by Deft.
Evans. Pltf. testified that he was riding in the left lane of
the one-way two-lane bridge when he was struck and thrown 15-20
feet onto the pavement. Deft. Evans failed to appear at trial
and a missing witness charge was given. The jury found for Pltf.
on the grounds of both commonlaw and statutory negligence. They
also found that Pltf. was negligent for riding on the Third Ave.
Bridge in violation of a New York City traffic regulation
prohibiting this practice, but found that this was not a
proximate cause of his injuries.
Injuries: fractured right (dominant) wrist; fracture of the
navicular bone of the right foot; bulging lumbar disc at L4-5;
herniated lumbar disc at L5-S1; tear of the left meniscus;
osteochondral defect of the right talo-navicular joint. Pltf.
underwent arthroscopic repair of the left knee, and an
unsuccessful arthroscopy and arthrotomy of the right ankle. Pltf.
claimed that he will require a triple arthrodesis of the right
ankle and foot in the near future to relieve pain in the
talo-navicular joint, and will have a permanent antalgic gait.
He also claimed that he will suffer from pain in the lower right
leg from the triple arthrodesis and back pain from the altered
gait. On cross-examination, Deft.'s expert conceded Pltf.'s
injuries and permanency. Pltf. was unemployed at the time of
trial. On the issue of lost earnings, he called a co- worker to
corroborate his testimony about his wages. The co-worker also
testified about his own earnings, which, Pltf. argued, proved
that he would have earned commensurate raises in the 4 years
since the accident. Note: The trial court set aside the awards
for both past and future lost earnings for Pltf.'s failure to
admit any W-2 forms or tax returns to corroborate his claims of
lost earnings. Demonstrative evidence: six anatomical
illustrations of the ankle, knee, and back; enlarged photographs
of the accident scene; MRIs. Offer: $600,000; demand:
$1,250,000; amount asked of jury: $4,410,000 . Jury
deliberation: 3 1/2 hours.
Pltf. Experts: Dr. Enrique Ergas, orth. surg., Manhattan; Dr.
Howard Gelber, radiologist, Hewlett.
Deft. Expert: Dr. Roger Levy, orth. surg., Manhattan.
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