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$200,000 result ─ cited in VerdictSearch.com
MOTOR VEHICLE — Lane Change — Sideswipe — Intersection —
Driver's hasty change of lanes caused crash, plaintiff alleged
SETTLEMENT: $200,000
CASE: Anthony V Tascarella III v. Atlantic Express
Transportation Group Inc., Courtesy Bus Co Inc and John Calabro.
No. 1068/05
COURT: Nassau Supreme. COURT DATE:
9/12/2006
PLAINTIFF ATTORNEY(S): Alan M. Greenberg, The Law Offices
of Alan M. Greenberg, New York, NY
DEFENSE ATTORNEY(S): Michelle Russo, Silverman, Sclar,
Shin &, Byrne P.C., New York, NY
FACTS & ALLEGATIONS
On Sept. 9, 2004, plaintiff Anthony Tascarella III, 38, an
architect, was driving on northbound Lawson Boulevard* near its
intersection at Montgomery Avenue, in Oceanside. As he proceeded
through the intersection, his vehicle's driver side was struck
by a northbound school bus that was changing lanes, Tascarella
lost control of his car, which struck a parked car, a stop sign
and a telephone pole. Tascarella claimed that he sustained hip
and knee injuries.
Tascarella sued the bus's owner, Atlantic Express Transportation
Group; the bus's driver, John Calabro; and the bus's operator,
Courtesy Bus Co. Inc. Tascarella alleged that Calabro was
negligent in his operation of the bus and that the remaining
defendants were vicariously liable for Calabro's actions.
Tascarella claimed that he was traveling in the right lane,
shortly behind and to the left of the bus. He contended that
Calabro suddenly attempted to change lanes and failed to yield
the right of way.
Calabro contended that he checked the bus's side-view mirror
before attempting to change lanes and that he did not see
Tascarella.
INJURIES/DAMAGES
Aggravation of preexisting condition; closed reduction; hip;
knee; physical therapy. The trial was bifurcated, so damages
were not before the court.
Tascarella sustained a traumatic dislocation of an implanted hip
replacement. He was placed in an ambulance and transported to
South Nassau Communities Hospital, in Oceanside. Attempts to
place the hip ball back into the socket were not successful, so
he underwent closed reduction of the injury.
Tascarella also claimed that the accident's trauma aggravated a
prior knee condition that was causally related to a blood
disorder that preceded his hip replacement. He was hospitalized
for three days and required three months' use of crutches and a
knee brace. He also underwent three months of thrice-weekly
physical therapy.
Tascarella's expert orthopedist determined that Tascarella's
injuries were traumatically induced and that he suffers a
permanent residual disability. He also opined that Tascarella
will require hip surgery in about 10 years. Tascarella claimed
that he cannot easily walk long distances, fish or hunt. He
sought recovery of unspecified damages for his past and future
pain and suffering.
Defense counsel contended that Tascarella's hip injury healed
well and that his knee condition was not causally related to the
accident. The defense's expert orthopedist agreed.
RESULT: The parties agreed to a $200,000 pretrial
settlement.
ANTHONY TASCARELLA: $50,000 past pain and suffering +
$150.000 future pain and suffering = $200,000
DEMAND: $475,000
OFFER: $90,000
INSURER(S): Liberty Mutual Insurance Co. for all
defendants
PLAINTIFF EXPERT(S): Steven Zelicoff M.D., orthopedics,
Valhalla.
DEFENSE EXPERT(S): Jeffrey M. Meyer, M.D., orthopedics,
East Meadow, NY
— Peter Hayes
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