$368,000 SETTLEMENT - MOTOR VEHICLE - PASSENGER - BRAIN DAMAGE WITH COGNITIVE DEFECTS AND MULTIPLE FRACTURES - FAILURE TO WEAR A SEAT BELT

Amy Rossabi v. Zulvetta, et al. 3628/89 Date of Settlement 4/23/71, New York Supreme

Pltf. Atty: Robert A. Hyman, Richard J. Weiner, and Alan J. Shimel of Weiner & Catlett, Nanuet

This was a $368,000 settlement, during trial, for a 20-year-old college student who was injured in a car accident on Rte. 17 in Deposit on 11/29/87. Pltf., a passenger in the back seat of the car, claimed that the accident occurred when the front seat passenger grabbed the steering wheel after he felt the car drift to the right. The driver still had his hand on the wheel, but lost control of the vehicle, and the car flipped over and down an embankment. Pltf. was thrown from the car. Defts. Contended that Pltf. was negligent for failing to wear a seat belt. Pltf. did not remember the accident or whether she was wearing a seat belt at the time.

Injuries: fractures of the left and right clavicles; fracture of the right humerus requiring open reduction and internal fixation with a Rush pin; three fractured ribs; pneumothorax; possible basal fracture of the skull. Pltf. was in a coma for 1 day and semi-comatose for 8 days. She was hospitalized for 30 days after the accident. Pltf. claimed cognitive defects including a 10-15% loss in her verbal IQ and a diminution in her scores on standardized tests from 90% on her SAT to 50% on graduate school admission tests. She did not claim a loss of future earnings, but contended that she was no longer able to function as well as before the accident occurred.

Demonstrative Evidence: blowups of hospital charts; model of brain and shoulder; X-rays.

Pltf. Experts: Dr. Robert Barrett, neurologist, Manhattan; Dr. Ernest Barash, orth. surg., Manhattan; Dr. Wayne Gordon, neuropsychologist.

Deft. Experts: Dr. Robert M. Richman, orth. surg., Manhattan; Dr. Ralph Olson, neurosurgeon, Manhattan; Dino Rossini, seat belt expert, W. Hempstead.

Note: Deft. called Dr. Sidney Cohen, a neuropsychiatrist, to testify as a non-examining expert. Pltf. objected due to Deft.'s failure to comply with CPLR 3101 (d) regarding disclosure of its experts. Judge Lobis allowed the testimony, but granted a 24-hour continuance to allow Pltf. to prepare a cross-examination. The case then settled for $368,000.

AS PUBLISHED IN THE NEW YORK JURY VERDICT REPORTER (VIII/46-25)