Plaintiff was a 45-year-old optometrist’s assistant-$250,000 Verdict
Date of Verdict: December 10, 2013
Court: Supreme Court, Ulster County
Age/Occupation: Plaintiff was a 45-year-old optometrist’s assistant
Case Facts: Plaintiff was injured in an accident that occurred on Route 9W in the
town of Saugerties, county of Ulster and state of New York. The accident
occurred when the defendant ran a stop sign and slammed into the car in
which Plaintiff was a passenger. The defendant struck Plaintiff’s
vehicle on the passenger side door where Plaintiff was sitting. Emergency
personnel responded to the scene and Plaintiff was taken by ambulance
to Kingston Hospital.
Plaintiff suffered the following injuries as a result of the accident:
concussion, mild conductive hearing loss in the right ear, tendinopathy,
chronic tendonitis and adhesive capsulitis in the right shoulder and loss
of range of motion in the right shoulder. Plaintiff was also scheduled
for an orthopedic arthroscopy of the right shoulder, however that surgery
never took place.
The offer made by the defendant to settle the case up to and throughout
trial was $8,500.00. Default argued that Plaintiff’s injuries were
not caused by the accident and did not constitute a serious injury. At
the conclusion of trial the jury returned a verdict for the plaintiff
in the amount of $250,000.00. The matter was handled and tried by Michael
Mainetti of Mainetti, Mainetti & O’Connor, P.C.