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ARTICLE ID 47754

$________ INCLUDING $________ FROM DEFENDANT CITY - DEFENDANT DRIVER OF CITY TRUCK MAKES LEFT HAND TURN FROM DRIVEWAY INTO PATH OF DEFENDANT HOST DRIVER -HOST DRIVER OF LEASED CAR WITH BAC OF .________ FOUND 99% NEGLIGENT - FRACTURES TO PELVIS AND HIP - SURGERY - HETEROTROPIC BONE GROWTH - HOST DRIVER ALSO A PLAINTIFF SUFFERING PNEUMOTHORAX - HOST SETTLES CASE VS. CITY FOR $________ AFTER LIABILITY TRIAL.

Queens County

The plaintiffs driver and passenger in their 30’s contended that the defendant driver of a city Department of Sanitation truck negligently pulled out from a driveway to make a left hand turn, cutting off the host vehicle. The host vehicle struck the middle of the D.O.S. truck. The city pointed to evidence that the host driver had a BAC of .________ one-hour after the accident and maintained that this factor was the cause of the accident.

The plaintiff passenger and host driver contended that the City sanitation driver had turned directly into the path of their vehicle and denied that any alcohol consumption had contributed to the accident. The plaintiffs presented an accident reconstruction expert who supported this position and the plaintiff host driver argued that the sole proximate cause was the D.O.S. truck driver’s failing to yield the right-of-way.

The plaintiff passenger contended that he suffered severe hip and pelvic fractures and required an open reduction and the insertion of hardware that remains. The plaintiff passenger’s orthopedist related that this plaintiff suffered a significant amount of heterotrophic bone growth and that he will permanently suffer pain and a moderate limp. The plaintiff passenger’s orthopedist contended that additional surgery may well be necessary in the future.

The plaintiff passenger is a Polish national who was visiting this country and the accident occurred the night before he was to return to Poland. The plaintiff contended that he was the owner of a tannery in his native country, that he can no longer actively participate in the business and the plaintiff would have made significant future income claims.

The plaintiff host driver contended that he suffered a pneumothorax which has essentially resolved.

The liability jury found the host driver 99% negligent and the driver of the city truck 1% negligent. The cases settled after the liability verdict. The passenger received $________, including $________ from the city, and the host received $________ from the City.

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