Plaintiff 60 year old disabled retiree - $5,025,000 Settlement
Date of Settlement: November 27, 2006
Court: Supreme Court, Ulster County
Age/Occupation: Plaintiff, single 60 year old disabled retiree,.
CASE FACTS: Plaintiff was at a service station about to place gas in his
motorcycle when trucker operating his highway striping vehicle at an unsafe
rate of speed on adjacent road struck a vehicle in front of him. The highway
marking vehicle which was a large heavy truck, as a result of the impact
with the rear of the vehicle in front of it, rode up on the vehicles trunk,
lost steering control and skidded off the road into the service station.
The truck then struck plaintiff's motorcycle, the gas pumps and plaintiff
while still traveling at a high rate of speed throwing plaintiff fifty
(50) feet in the air and almost amputating plaintiff's leg at the
scene. Emergency personnel quickly on the scene managed to save his life
and plaintiff was helicoptered to Albany Medical Center's trauma unit.
At the scene, plaintiff asked emergency personnel to take care of his
beloved dogs, aware of his serious injuries.
INJURIES/DAMAGES: Plaintiff sustained severe injuries to his left leg,
including fracture of femur, lower epiphysis, and multiple fractures of
fibula and tibia. Eventually, despite heroic efforts by surgeons of the
trauma unit the injuries required above knee amputation. Plaintiff's
long hospital stay including treatment for numerous skin graphs, harvesting
of vein graphs from right arm and upper arms and multiple surgeries. Plaintiff
was released to rehabilitation center and confined to a wheel chair until
slowly through physical therapy able to have limited movement on crutches.
Prosthetic limb was generally unsuccessful. Plaintiff's pre-existing
diabetic condition complicated plaintiff's healing. Recovery was for
pain and suffering only, there was no loss of income.
NOTE: Jury was selected and case settled only after opening statement by
Alfred Mainetti. Case prepared by Alfred Mainetti and Joseph O'Connor.
As published in Verdict Search, one of the most recognized publications
for major settlements.