$225,000 SETTLEMENT - MOTOR VEHICLE - REAR END - TORN ACHILLES TENDON

Soricelli v. Marquez, et al. 24241/93 Date of Settlement 10/6/96, Bronx Supreme

Pltf. Atty: Robert A. Hyman of Law Office of Hyman & Platt, P.C., Tarrytown

This $225,000 settlement, before jury selection, arose out of an accident that occurred on 7/5/93 at the intersection of Central Park Ave. and Crisfield St. in Yonkers. Pltf, a 40-year-old salesperson at the time, claimed that Deft's truck hit his car in the rear while he was stopped at a red light. Pltf was granted summary judgment on liability after depositions.

Injuries: tear of the left Achilles tendon requiring surgery and a tendon autograft; nightmares. Pltf underwent physical therapy and a second procedure to remove the suture. He has a limp and occasionally uses a cane. After emergency room treatment on the date of the accident, Pltf did not seek further treatment for the injury until 6 weeks after the accident, and Deft would have denied causation and argued that it was improbable that Pltf could have walked on the injured foot for that long a period without seeking medical treatment. Demonstrative evidence: CAT scans; X-rays; surgical photos. Specials: $30,000 for medical expenses; $20,000 for lost earnings. Deft's Insurance: AIG

Pltf. Experts: Pltf would have called Dr. Martin O Malley, orth. surg. (by videotape); Edmund Provder, vacational rehabilitation, Manhattan; Dr. Arthur Greenspan, neuropsychiatrist, Manhattan.

Deft. Expert: Deft would have called Dr. Robert Richman, orth. surg., Manhattan.

AS PUBLISHED IN THE NEW YORK JURY VERDICT REPORTER (XIV/34-31)