New York Personal Injury Attorneys

$108,800-Motor Vehicle: Jury Verdict Left Turn - Comminuted Wrist Fracture Chip Fractures To The Ulna

F&F# 99069A

MOTOR VEHICLE-MULTI CAR COLLISION FRACTURED RADIUS, HERNIATED CERVICAL AND LUMBAR DISCS, AND CARPAL TUNNEL SYNDROME

Jury Verdict: $108,800. Breakdown: $77,300 for past pain and suffering; $30,000 for future pain and suffering; $1,500 for property damage to vehicle. Jury: 5 male, 1 female.

Injuries:

• Comminuted fracture of the left (non-dominant) wrist with deformity and volar angulation
• Chip fractures of the left ulna
• Facial bruises and abrasions

Plaintiff was taken by ambulance to Montefiore Hospital. He was casted for six weeks. Plaintiff's expert testified that he had sustained a permanent 5 degree loss of range of motion and that weather changes would increase pain in the area. The expert also testified that Plaintiff's age precluded a full recovery.

Facts: Fitzgerald & Fitzgerald represented Plaintiff, a 75-year-old retiree at the time of the accident, in a New York car accident lawsuit.  At 12 PM the day of the car accident, the Plaintiff was traveling south on Broadway in Bronx, near the intersection of W. 256th St. Plaintiff claimed that he was driving at 30 mph in the left lane when Defendant., traveling in the northbound left lane, attempted to turn left in front of him and struck his vehicle. Defendant contended that he was stopped and was waiting to make a left turn when Plaintiff crossed over into his lane and struck his vehicle. Defendant's mother and his wife confirmed his testimony. Plaintiff called a non-party witness, who was a pedestrian at the scene, and the investigating police officer, both of whom testified in support of Plaintiff's version of the accident.

Demonstrative evidence: photographs of Plaintiff's vehicle and of intersection; police report; X-rays.

Specials: approximately $1,500 submitted to No-Fault.

The policy ($100,000) was not offered until after trial; Plaintiff declined the offer and entered judgment. Allstate paid $110,890, inclusive of costs and post-judgment interest.