$________ - REAR END AUTO COLLISION - FRACTURED RIBS.
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 plaintiffs 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 plaintiffs 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. Plaintiffs orthopedist: Jeffrey
Carlberg from Syracuse.