Past Cases & Results

AUTOMOBILE LEFT TURN • CASE #1

DATE OF OCCURRENCE: 9/11/1995

CLIENT: J.R. (63 year-old female) and R.R., his wife (59 year-old female)

DESCRIPTION OF OCCURRENCE: J.R. driving; R.R. in front passenger seat. Defendant/driver made an unsafe left turn in front of our clients' vehicle. There was a severe impact to the driver's- side front bumper and fender area, severely deforming the car.

INJURIES: (J.R.) Fractured C-5, C-6 vertebra (right C-6 lamina); concussion with coma; loss of consciousness; left-sided hemiplegia and numbness; right-sided subdural hematoma/hemorrhage; moderate compression of the brain with moderate midline shift.

(R.R.) Non-displaced fracture involving the anterolateral aspect of the 8th rib; fracture of the left fifth rib; posterior central disc herniation C4-C5; anterior disc herniation at C5-C6; left cervical radiculopathy.

TREATMENT: As a result of the accident, R.R. was confined to North Shore University Hospital from September 11, 1995 to September 13, 1995 and was treated in the Emergency Room of St. Joseph's Hospital on October 16, 1995.

     On November 8, 1995 J.R. underwent neurosurgery -- right-sided burr hole evacuation of a subdural hematoma.

RESULT: Settlement for $455,000 (March, 1999).

OF PARTICULAR INTEREST HERE:

1. Defendant/driver was visiting from England and driving a car rented at JFK Airport. I carefully questioned him at his deposition (on November 26, 1996), and he made several damaging admissions, as follows:
   1. The first time he drove the vehicle in question was the night before the accident;
   2. He had never before driven in the United States;
   3. He primarily drove in England, where they drive on the left side of the road;
   4. He had previously driven on the right side of the road four or five times, in France;
   5. However, on those occasions he drove his father's vehicle, which had its steering wheel on the right;
   6. While he had previously driven a vehicle with steering on the left, the majority of the times he operated vehicles with right-sided steering;
   7. He had arrived at his American host's house only the night before the accident;
   8. He picked up the rental car at about 1:00 A.M.;
   9. He had never before been through the intersection where the accident occurred;
   10. At the time of the accident, his passenger was directing him;
   11. He saw plaintiffs' car in the right lane and then only again saw it after it had moved into its left lane, at about the time of impact.

ATTACHED:

1. One photo depicting the property damage to the front of our clients' car;
   
   
2. Three medical drawings of J.R., depicting:
   
   
   1. Post-Accident Injuries;
      
      
   2. Progression of Condition;
      
      
   3. Burr Hole Drainage of Subdural Hematoma

Law Offices of Gary E. Rosenberg, P.C.

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