Personal Injury Verdicts
December 21, 2007. Case#8015/06

New York

Bronx County

MOTOR VEHICLE
________________________________________________________________

IntersectionMotor VehicleLeft TurnMotor VehiclePassengerMotor VehicleTraffic Offenses

Motorist's illegal turn caused crash, plaintiffs alleged

Mediated Settlement $597,500
Case Jayar Calderon and Barnell Parris v. "John Doe", "Jane Doe" and "John Doe" Pizza Place,
No. 8015/06
Court Bronx Supreme
Judge Sallie Manzanet
Date 12/21/2007

Plaintiff
Attorney(s)
Christie L. McEvoy-Derrico, Law Offices of Christie L. McEvoy-Derrico, P.C., Mamaroneck, NY

Defense
Attorney(s)
Law Office of Thomas K. Moore, White Plains, NY

Facts & Allegations

On Nov. 20, 2005, plaintiff Jayar Calderon, 28, a data entry employee, was driving home from work with plaintiff Barnell Parris, 68, a kitchen staff employee, as a passenger. They were traveling straight on Route 100 in Somers when they reached the intersection with State Route 139. At the same time, another vehicle was traveling on State Route 139 during the course of the driver's job delivering pizzas. As Calderon's vehicle attempted to continue straight through the intersection, a collision occurred with the undisclosed vehicle, who was attempting to make an illegal left turn from State Route 139 onto Route 100. Calderon claimed that he sustained trauma to his head and chest and injuries to his right shoulder and knee. Parris claimed that she sustained a fractured pelvis and an injury to her hip as a result of the accident.

Calderon and Parris sued the driver, the vehicle owner, and the driver's employer. They alleged that the driver was negligent in the operation of his vehicle and that his mother and the pizza place were vicariously liable for his actions.

The plaintiffs claimed that the driver of the other vehicle attempted to make an illegal left turn in front of them, causing the accident. The plaintiffs' counsel alleged that the defendant was negligent for failing to keep a proper lookout, failing to yield the right of way, and for failing to avoid the accident.

Injuries/Damages

blunt force trauma to the head; chest; dislocated shoulder; decreased range of motion; knee contusion; physical therapy; fracture, pelvis; hip; hip replacement; physical therapy; arthritis, traumatic; necrosis

Calderon and Parris were taken by ambulance to Westchester Medical Center in Valhalla.

Calderon claimed that he sustained trauma to his head and chest, causing him to have difficulty breathing. He also alleged that he suffered a tear of the right shoulder capsule and a contusion to his right knee as a result of the accident. He underwent physical therapy to address his shoulder and knee injuries, but claimed that he continued to suffer from a limited range of motion to his right shoulder.

Parris claimed that the accident caused her to suffer a fractured pelvis and a dislocation to her hip. She underwent multiple surgeries to repair her pelvis and required a hip replacement surgery. She also needed to treat her injuries with physical therapy. Parris alleged that as a result of her injuries, she was left with post-traumatic arthritis and vascular necrosis. She further claimed that she might need additional surgery in the future.

Calderon and Parris sought recovery for their past and future pain and suffering.

Result

The parties agreed to a $597,500 settlement, which was established at mediation with JAMS. Of the total settlement, Parris received $585,000 and Calderon received $12,500.

Plaintiff(s)

Jayar Calderon

Barnell Parris

Demand None reported

Offer None reported

Insurer(s)

Allstate Insurance Co.

Travelers Insurance Co.

Plaintiff

Expert(s)

None reported

Defense

Expert(s)

None reported

Post-Trial

None reported

Editor's Note

None reported

Plaintiff(s)

Demographics

Jayar Calderon
Age: 28 Years
Occupation: Data Entry
Gender: Male
Married: Yes
Children: No

Barnell Parris
Age: 68 Years
Occupation: Kitchen Staff
Gender: Female
Married: None reported
Children: None reported
Children Description: None reported

Written By –Tim Heinz

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