A 29-year-old male student suffered a radius and metacarpal fracture to the right hand, resulting in a 20 percent loss of use, and a dislocated right wrist, requiring closed reduction and subsequent open reduction and internal fixation, when the vehicle in which he was a passenger, operated by a nonparty, was struck broadside by the male defendant’s vehicle at a controlled intersection.
The plaintiff contended that the defendant operated his vehicle in a negligent manner, failed to stop at a posted traffic signal, and failed to keep a proper lookout. The defendant denied liability and contended that the plaintiff’s host driver failed to yield the right-of-way.
Kao v. Baine (Supreme 1520/99)
State/County: NY/Queens. Plaintiff Attorney: Parker & Waichman, Great Neck, NY. Defense Attorneys: John W. Hoefling, Kelly Rode et al., Mineola, NY; Daniel E. Cerritos, Kelly Rode et al., Mineola, NY. Demand: 200,000. Offer: 175,000. Total Award: 385,000. Compensatory Damages: 385,000. Pain and Suffering: 385,000. Incident Date: September 1998. Trial Date: June 2001. JV Number: 392186.
June 10, 2002