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NYC Car Accident Lawyer
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ACTS & ALLEGATIONS

On July 17, 2006, Our Client, a 24-year-old unemployed man, was an occupant of a vehicle that was traveling on the westbound side of the Northern State Parkway, near its interchange at Brush Hollow Road, in Westbury. The vehicle overturned after its driver had lost control. The vehicle struck a tree and became engulfed in flames.

Our client sustained injuries of an arm, his back, his bladder, his face, a finger, a foot, a knee, a leg, seven ribs, his skull and his spleen.

 

Our client sued the vehicle's owner and a man who occupied the vehicle at the time of the accident "the confessor". Our client alleged that "the confessor" was driving when the accident occurred, that "the confessor" was negligent in his operation of the vehicle and that the vehicles owner was vicariously liable for "the confessor's actions.

"the confessor" died after the suit had been filed. We did not pursue a claim against "the confessor's estate. The matter proceeded to a trial against the vehicle owner.

Our client claimed that, while rounding a curved portion of the parkway, "the confessor" swerved to avoid traffic and lost control of the vehicle. He claimed that "the confessor" was speeding.

 

Defense counsel contended that their client, a fair-skinned white man, was driving and that "the confessor", an Hispanic man, was a passenger of the vehicle. He presented police officers who responded to the accident. One officer claimed that he arrived to find a white man sprawled across the cabin of the car, with his head nearest the d river's side, and another man, ostensibly "the confessor", seated on the ground nearby. The other officer reported seeing our client in a position somewhat similar to that described by the first officer. He claimed that, based on our client position and information received from

witnesses, he concluded that our client had been driving the vehicle. During cross-examination, the officer acknowledged that witnesses, after initially claiming that a black man was driving the vehicle, ultimately stated that the vehicle's driver was an Hispanic man.

 

INJURIES / DAMAGES burns; burns, second degree; comminuted fracture; cystotomy l cystostomy; foot; fracture, L2; fracture, L4; fracture, LS; fracture, arm; fracture, cheekbone; fracture, facial bone; fracture, femur; fracture, fibula; fracture, finger; fracture, humerus; fracture, knee; fracture, leg; fracture, patella; fracture, phalanx; fracture , rib; fracture, tibia; fracture, transverse process; fracture , vertebra; fracture, zygomatic arch; incontinence; internal


 

Our client sustained a fracture of the shaft of his right, dominant arm's humerus; a fracture of the shaft of his right leg's femur; a fracture of the same leg's fibula; a fracture of the same leg's tibia; a fracture of his right knee's patella; fractures of transverse processes of his L2, L4 and L5 vertebrae; fractures of the lateral and medial pterygoid plates of his right sphenoid bone, which is a small bone that is located immediately above the right cheek; a fracture of his face's right zygomatic arch, which is the prominence of the right cheek; a comminuted fracture of his right hand's index finger's distal phalanx , which is the bone nearest the tip of the finger; fractures of seven ribs; a laceration of his spleen; a collapse of his bladder; and second-degree burns of the bottom of his right foot.
 

Our client was placed in an ambulance, and he was transported to Nassau University ?Medical Center, in East Meadow. He underwent open reduction and internal fixation of the fractures of his right arm and right femur. The femur's fixation hardware was an intramedullary rod (metal rod).
 

Our client's hospitalization lasted 17 days, and he subsequently underwent 41 days of inpatient rehabilitation. The rehabilitation was immediately followed by a hospitalization that lasted 22 days, and our client subsequently underwent

26 days of inpatient rehabilitation. He also underwent a short course of outpatient physical therapy, and he claimed that he performed independent therapeutic exercises with the assistance of relatives. On May 6, 2009, he underwent a cystoscopy, which involved instrumental exploration of his urethra and bladder, and a cystotomy, which involved an incision of h is bladder.
 

Our client claimed that he suffers constant residual pain that stems from his back and his right leg, that he suffers residual incontinence of his bladder, and that he suffers residual impairment of his short-term memory. He sought recovery of damages for past and future pain and suffering.

 

 

RESULT The jury found that "the confessor" was driving when the accident occurred. Thus, it determined that owner of the vehicle was liable for the car accident.

ATTORNEY(S) Neil P. Flynn,
Ajlouny Injury Law, P.C., New York
New York Personal Injury Lawyers

 

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