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$2,080,000 result- cited in The New York Jury Verdict
Reporter
IX/31-19 Motor Vehicle - Motorcycle - Passenger -
Police Vehicle - Question Of Lights - Fractured Tibia And Fibula
- Herniated Lumbar Discs.
Richard Ortecho and Milagros Arce v. City of New York and
David Nisthaus 7369/95 9-day trial Verdict 12/14/00 Bronx
Supreme
JUDGE: Barry Salman
VERDICT: $2,005,000 for Richard Ortecho (6/0). Breakdown:
$500,000 for past pain and suffering; $350,000 for past medical
expenses, $1,155,000 for future pain and suffering. $75,000 for
Milagros Arce for past pain and suffering (6/0). Jury: 3 male, 3
female. A post-trial motion is pending. Notice of Appeal by
Deft. City is likely.
Pltf. Atty: Alan M. Greenberg, Manhattan
Pltf. Atty: Leroi J. Andrew, Asst. Corp. Counsel
On 8/20/94, Pltfs. Richard, age 42 and unemployed, and Milagros,
a 33-year-old accountant, were operator and passenger,
respectively on a motorcycle approaching the intersection of
Castle Hill Ave. and the westbound Cross Bronx Exprwy. service
road in the Bronx. Pltfs. claimed that they had a green light as
they entered the intersection, where they were struck by a
marked police vehicle being operated by Deft. Nisthaus, a New
York police officer. The collision occurred in the center of the
intersection, and the force of the impact caused Pltfs. to be
ejected from the motorcycle and onto the roadway. Deft. Nisthaus
contended that he had the green light. His passenger, an NYPD
sergeant, claimed that he did not see the color of the light at
the time of the accident.
Injuries: Richard (age 42 - $2,005,000 award): comminuted
compound fracture of the left tibia requiring open reduction and
internal fixation with a 14-inch intermedullary rod; comminuted
compound fracture of the left fibula; herniated lumbar discs at
L4-5 and L5-S1, confirmed by MRI films taken 3 years
post-accident. Pltf. required four additional surgical procedures
to correct the leg fractures, including irrigation and
debridement to prevent infection, and skin grafts to cover the
wound site. He was left with scarring and deformity and walks
with a permanent limp. Milagros (age 33 - $75,000 award): lumbar
derangement; effusion of the left knee. Demonstrative evidence:
enlarged photographs of the accident scene; enlargement of the
MV-104 and police accident report; anatomical models of the
spine, leg, and knee; X-rays. Specials: $35,000 for Richard for
hospital and chiropractic bills. Jury deliberation: 10 hours
over 2 days. No off; demand: 1,225,000; amount asked of jury:
$5,000,000 for Richard and $75,00 for Milagros.
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