Case: Rhoda Rosenberg v. Hub Truck Rental Corp. and Thomas A. Chance
Case No: 15433/08
Court: Nassau Supreme
Judge: Thomas P. Phelan
Plaintiff Attorney(s): Richard A. Dubi Dubi Bellantone, P.C., Dix Hills, NY
Gregory D. Bellantone, Dubi Bellantone, P.C., Dix Hills, NY
Defense Attorney(s): Stacey E. Gorny, Lewis Johs Avallone Aviles, LLP, Melville, NY
Facts and Allegations:
On February 11, 2008, plaintiff Rhoda Rosenberg, 74, a part-time clerk, was driving on Allen Boulevard in East Farmingdale. When she was just east of the intersection at Grand Avenue, her vehicle was struck on the passenger door by a truck as it attempted to pull away from the curb on Allen Boulevard. Rosenberg claimed that she sustained an injury of her head.
Rosenberg sued the truck’s owner and the driver’s employer, Hub Truck Rental Corp., and the driver of the truck, Thomas Chance. She alleged that Chance was negligent in the operation of his vehicle. She further alleged that Hub Truck Rental was vicariously liable for Chance’s actions.
Rosenberg claimed that Chance failed to keep a proper lookout and was negligent for pulling away from the side of the road when it was unsafe to do so.
Chance contended that Rosenberg was negligent for attempting to pass his truck as he was pulling away from the curb. He claimed that Rosenberg also failed to keep a proper lookout and failed to avoid the accident, making her at least partially liable for the collision.
Injuries / Damages:
brain, internal bleeding; hemiparesis; hemorrhage; hydrocephalus; shunt
Rosenberg claimed that she began to exhibit stroke-like symptoms as the police arrived at the scene. An ambulance took her to North Shore University Hospital, in Manhasset, where a CT scan revealed an intracerebral hemorrhage and bleeding into the left basal ganglia. She underwent a ventriculoperitoneal shunt for hydrocephalus – the brain’s excessive retention of cerebrospinal fluid.
Rosenberg contended that her hemorrhage caused permanent paralysis of the right side of her body. She claimed that she can no longer perform most of her daily activities and that she has to be confined to an assisted living facility. She also claimed that she is not able to return to work.
Rosenberg sought recovery of her past and future medical expenses, her past and future lost earnings, and damages for her past and future pain and suffering.
Defense counsel contended that the impact from the accident was minor and could not have caused the intracerebral hemorrhage. She argued that Rosenberg’s injuries were not proximately caused by the accident and that the hemorrhage was the result of a preexisting condition. Thus, defense counsel contended that Rosenberg did not sustain a serious injury, as defined by the no-fault law, Insurance Law 5102(d).
The parties negotiated a pretrial settlement. The defendants’ insurer agreed to pay $2.7 million
Harco Insurance Services for both defendants
Ali E. Guy, M.D., physical medicine, Jericho, NY (did not testify)