. .

Attorney(s) for Plaintiff:
Roosevelt Jean, Esq. and Conrad Park, Esq.
Law Offices of Roosevelt Jean, LLC and Law Office of Conrad Park
www.jeanjustice.com

$900,000 RECOVERY – MOTOR VEHICLE NEGLIGENCE – AUTO/PEDESTRIAN COLLISION INSIDE CROSSWALK – PLAINTIFF CROSSWALK PEDESTRIAN STRUCK AND KNOCKED DOWN BY DRIVER TURNING LEFT FROM BEHIND HER – CLOSED HEAD INJURY – TRAUMATIC BRAIN INJURY – COGNITIVE DIFFICULTIES INVOLVING MEMORY AND CONCENTRATION RESULT IN PSYCHOLOGICAL DEPRESSION – FRACTURES TO LEFT PATELLA, LEFT LOWER LEG AND LEFT ANKLE – ROTATOR CUFF TEAR ON DOMINANT SIDE – ARTHROSCOPIC SURGERY.

Bergen County, NJ

This was a motor vehicle negligence case involving a 70-year-old plaintiff in which the plaintiff contended that as she was crossing inside the crosswalk, the defendant driver, who turned left from behind her, negligently failed to make adequate observations, resulting in her being struck and knocked down.

The defendant indicated that he did not see the plaintiff crossing because the sun was in his eyes.

The plaintiff asserted that she suffered a closed head injury that caused extensive cognitive deficits involving short-term memory and concentration. The plaintiff further suffered fractures to the left tibia, fibula, and patella, and a bimalleolar fracture of the left ankle. The plaintiff maintained that despite surgical interventions, she will suffer permanent pain and significant difficulties ambulating. Finally, the plaintiff claimed that she suffered a partial rotator cuff tear on the dominant side that required arthroscopic surgery and which will cause permanent pain and limitations in the arm and shoulder.

The plaintiff’s neuropsychologist and the plaintiff's neurologist would have testified that the plaintiff suffered a neuropsychological deficit largely involving short-term memory and concentration and that the deficits were confirmed by a battery of neuropsychological tests. The plaintiff would have related that at times, she will watch a TV show and forget that she had recently seen it. The plaintiff also maintained that everyday activities are difficult because she becomes confused and forgetful easily. The plaintiff asserted that she has become very depressed and irritable because of the deficits.

The plaintiff had been married for approximately 50 years and the plaintiff also contended that the loss of consortium claim was very significant. The plaintiff would have also pointed out that the defendant had the plaintiff examined by a neuropsychologist, but the expert's testimony would have been favorable to the plaintiff's case. The plaintiff further maintained that despite several surgeries, the left-sided leg and knee fractures will cause permanent pain. The plaintiff also contended that the shoulder problems will permanently affect her despite arthroscopic surgery.

The case settled prior to trial for $900,000.

Reference
Plaintiff's neurologist expert: David H. Rosenbaum, MD from Englewood Cliffs, NJ. Plaintiff's neuropsychologist expert: George Carnavalle, PhD from Clifton, NJ. Plaintiff's orthopedic surgeon expert: Thomas Scalaris, MD from Englewood, NJ.

Yim vs. Hamburger. Docket no. BER-L-003488-18, 04-00-19.

Attorney for plaintiff: Roosevelt Jean, Esq. of Law Offices of Roosevelt Jean, LLC in Tenafly, NJ. Attorney for plaintiff: Conrad Park, Esq. of Law Office of Conrad Park in Ft. Lee, NJ.

Commentary
During negotiations, the plaintiff stressed that the defendant should consider that although a probable verdict that was based only upon the orthopedic injuries could be readily ascertained, a jury reaction to the cognitive deficits was more unpredictable. In this regard, the detailed testimony regarding the daily difficulties, including forgetting a recent TV show that was watched, and the manner in which the plaintiff frequently becomes irritable and depressed, could well have produced a strong jury response. Additionally, the plaintiff would have emphasized that the plaintiff and her husband had been married for approximately 50 years, and argue that the per quod claim was clearly very substantial.

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