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Onondaga County (25309)

The 78-year-old plaintiff driver contended that as a result of the negligence of the defendant driver, who rear-ended a car situated behind her, a chain collision occurred, causing her to suffer two fractured ribs. The defendant contended that in view of the fact that the plaintiff did not seek medical attention for some eight months following the accident, her contentions of sustaining the injury in the accident should not be accepted. The plaintiff countered that she was formerly a nurse, had believed that the injuries would resolve without medical attention, and that when the pain continued for eight months, she sought medical help. The plaintiff further presented a friend who had helped her around the house after the accident, who confirmed that she observed bruising in the area of the ribs shortly after the collision. The plaintiff’s orthopedist contended that based upon the absence of any intervening trauma, the injuries were caused by the accident. The physician contended that the continuing pain could well stem from the presence of bone chips which remained and indicated that the plaintiff might suffer pain permanently.

The Court directed a plaintiff’s verdict on liability and the jury awarded $________ for the personal injury and $________ for property damage. The defendant has filed a notice of appeal. The driver situated between the plaintiff and defendant was also named as a defendant and the Court dismissed this aspect during trial. Corina vs. Garshab, et al. Index no. 87-________; Judge Leo F.

Hayes, 9-30-88. Attorney for plaintiff: Jennifer Gale of Davoli, McMahon & Kublick in Syracuse; Attorney for defendant: Peter Cambs of Syracuse; Attorney for co-defendant who was dismissed: Mark McCarthy of Syracuse. Plaintiff’s orthopedist: Jeffrey Carlberg from Syracuse.