New York, NY (PressExposure) April 12, 2011 -- Dansker & Aspromonte Associates, the New York City-based boutique personal injury law firm, today announced a large verdict in Kings County Brooklyn Supreme Court. The plaintiff, a restaurant deliveryman, was injured when he was struck by a speeding rental car while riding his bicycle in the Bedford-Stuyvesant section of Brooklyn in 2005.
The case (21135/05), which was overseen by Judge Mark I. Partnow in Kings Supreme Court, found that the driver and the vehicle's owners, Dollar Rent-a-Car Company, were entirely liable for the accident. The jury awarded the plaintiff $3 million for past pain and suffering, $125,000 for future medical costs, and $3 million for future pain and suffering, according to Verdict Search New York.
Dansker & Aspromonte Associates' senior partner Paul Dansker and attorney Douglas E. Hoffer represented the plaintiff, who sustained multiple vertebral fractures, open fractures of his leg and forearm, and a head injury that resulted in brain damage due to a subarachnoid hemorrhage and swelling of the brain. The plaintiff lost six months of work and has residual cognitive impairment and pain.
"Not only was our client hospitalized and subsequently treated with extensive physical therapy and in-home nursing care, but he continues to experience changes in his mood, memory and thought process. He also suffers from back, leg, neck, and arm pain," said Mr. Dansker.
Typically, an injured party is expected to express to a jury in detail how an accident happened and even more importantly, how the injuries sustained adversely affected his life. However, the plaintiff in this case did not speak English, and his brain damage made it extremely challenging for him to provide the necessary background to the jury. Other witnesses were called to provide that relevant information.
"In order to support his family, our client returned to work after only six months, despite the physical toll it took on his body. Part of the defense's argument incorporated the idea that if our client was back to work, his injuries were not that serious. However, our team was able to clearly convey to the jury that although our client was working, he was doing so with constant pain," said Mr. Dansker.
Paul Dansker added that he felt justice was done because of the expert testimony provided by the plaintiff's medical experts in the fields of neurology, neuropsychology, spinal injury and orthopedics. The medical testimony was based on professional and thorough physical examinations and testing and could not be rationally challenged by the defense.