An Infant Sustained a Brain Injury as a Result of a Car Accident - $7,000,000
Brief Result Summary | Birth Injury Case Results | Mainetti Mainetti &
Date of Settlement: August 9, 2012
Court: Supreme Court, Ulster County
Case Facts: On May 11, 2008, Jayleen Munoz (then 2 years and 8 months old) sustained
serious and lifelong injuries when, as a passanger in an automobile, she
was severely and permanently injured in a collision between two automobiles
on the New York State Thruway (I-87) in the Town of Tuxedo, County of
Orange and State of New York. The automobile owned by defendant, Lydia
Tyner, and operated by defendant, Estevan W. Nembhard, collided with the
rear of the stopped automobile owned and operated by defendant, Sharnique
L. Reynolds, on the shoulder of the New York State Thruway in a northbound
The infant plaintiff, Jayleen Munoz, sustained a right parietal skull fracture
with subarachnoid hemorrhage, a severe traumatic brain injury and multiple,
physical and cognitive disabilities. The infant plaintiff is completely
disabled for the remainder of her life, according to life care plans prepared
by both the defense and plaintiff's experts. The injured plaintiff
will require facility and institutional care when she reaches adulthood.
Immediately after the accident the injured plaintiff, Jayleen Munoz, received
a medically necessary craniotomy to release pressure on her injured brain.
Fragments of her skull actually entered into the brain tissue at the time
of the collision.
At the time of the collision, defendant, Estevan W. Nembhard, was employed
as a union organizer with the SEIU (Service Employees International Union)
and was driving home from his work assignment on that day. Claims were
set forth against the SEIU alleging that an employee/employer relationship
existed at the time of the accident.
Unfortunately, Jayleen is dependent for almost all self care and activities
of daily living. Jayleen cannot feed or cloth herself and she is unable
to carry out basic activities of daily living, such as toileting and buttoning
up her clothes.
After nearly four years of litigation and lengthy appeal process (see Grant
vs. Nembhard et al) the matter was settled for $7,000,000.00. It is believed
that the $7,000,000.00 recovery was one of the largest recoveries for
an infant in Hudson Valley history. In order for the claims against the
defendant SEIU to be successful the law firm of Mainetti, Mainetti &
O'Connor, P.C. carried out investigations and depositions in no less
than seven states, including but not limited to California, Florida, Ohio,
Connecticut, New Jersey, New York and Maryland, as well as Washington D.C.