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$400,000 result — cited in VerdictSearch.com
Bicycle — Underinsured Motorist — U-turning bicyclist injured
knee, shoulder when hit by vehicle
SETTLEMENT: $400,000
CASE: Anthony Dell’Orto v. Leslie Hunt, Jr and Tania M.
Perez, No. 2173/07. Anthony Dell’Orto v. Fireman’s Fund
Insurance Co.
COURT: Westchester Supreme. DATE:
8/14/2008
PLAINTIFF ATTORNEY(S): Alan M. Greenberg, Law Offices of Alan M.
Greenberg P.C., New York, NY
DEFENSE ATTORNEY(S): Paul Carney, Lester, Schwab, Katz &
Dwyer LLP, New York, NY (Fireman’s Fund Insurance Co.). Linda M.
Chetkof, DeSena & Sweeney LLP, Hauppauge, NY (Leslie Hunt Jr.,
Tania M. Perez)
FACTS & ALLEGATIONS: On Sept. 26, 2006, plaintiff
Anthony Dell’Orto, 46, the owner of a wholesale catering
business, was bicycling on New Main Street, in Yonkers. New Main
Street is a one-way, northbound street, but Dell’Oro was
traveling in a southerly direction. As he approached the
intersection at South Broadway, he attempted to execute a
U-turn. During the turn, he was struck by a northbound vehicle
that had rounded a sharp curve of New Main Street. Dell’Orto was
propelled off of his bicycle. He landed on the vehicle’s hood,
but fell onto the road. He sustained injuries of a knee and a
shoulder.
Dell’Orto sued the vehicle’s driver, Tania Perez, and the owner
of Perez’s vehicle, Leslie Hunt Jr. Dell’Orto alleged that Perez
was negligent in the operation of her vehicle. He further
alleged that Hunt was vicariously liable for Perez’s actions.
Dell’Orto claimed that Perez was speeding. He also claimed that
Perez failed to maintain a proper lookout.
Perez noted that Dell’Orto was bicycling against the flow of
traffic, and she contended that his U-turn crossed the direct
path of her vehicle. She also noted that the collision occurred
at the conclusion of a sharp bend of New Main Street.
The defendants’ insurer, State Farm Fire and Casualty Co,
tendered its $100,000 policy, but Dell’Orto sought further
recovery from the supplementary-underinsured motorist provision
of his own policy, which was administered by Fireman’s Fund
Insurance Co. The matter was scheduled to proceed to
arbitration.
INJURIES/DAMAGES: acromioplasty, arthroscopy,
comminuted fracture, fracture, proximal fibula; fracture, tibia;
fracture, tibial plateau; internal fixation, knee, open
reduction; resection, torn rotator cuff, torn supraspinatus
tendon
Dell’Orto sustained a comminuted fracture of the proximal
portion of his right leg’s fibula, which forms a lower portion
of the knee; a fracture of the proximal portion of the same
leg’s tibia, which also forms a lower portion of the knee;
fractures of the same leg’s lateral and medial tibial plateaus;
and full thickness tears of the infraspinatus and supraspinatus
tendons of his right shoulder’s rotator cuff.
He was placed in an ambulance and transported to St Joseph’s
Medical Center, in Yonkers. His fractures were addressed via
arthroscopic surgery, open reduction and internal fixation. His
right knee was placed in a brace, and the knee could not bear
weight during the two months that followed the accident. His
hospitalization lasted three days, but he claimed that he was
bedbound during the week that followed the accident. He also
claimed that he was homebound and totally disabled during the
six months that followed the accident.
On Feb 8, 2007, Dell’Orto underwent arthroscopic surgery that
addressed the injuries of his right shoulder. He also underwent
open reduction of the shoulder’s torn tendons, resection of the
distal portion of the shoulder’s clavicle, release of the
shoulder’s coracoacromial ligament and an acromioplasty, which
is the removal of a portion of a shoulder’s acromioclavicular
joint.
Dell’Orto contended that his right leg cannot bear much weight.
He also contended that the leg and his right shoulder are stiff
and painful. He claimed that the injuries constitute a partial
disability.
Dell’Orto sought recovery of damages for his past and future
pain and suffering.
RESULT: Prior to the scheduled start of the
arbitration, the parties negotiated a settlement. Dell’Orto’s
insurer could have been liable for as much as $400,000, which
represented the $500,000 coverage limit less the $100,000 that
Dell’Orto recovered via the prior settlement. The insurer agreed
to pay $300,000.
INSURER(S): State Farm Fire & Casualty Co. for Hunt and
Perez
PLAINTIFF EXPERT(S): Charles Edelson, M.D., orthopedics,
Yonkers, NY
DEFENSE EXPERT(S): None reported
EDITOR’S NOTE: This report is based on information that
was provided by plaintiff’s counsel. The remaining parties’
counsel did not respond to the reporter’s phone calls.
— Samantha Schulz
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