ANOTHER OUTSTANDING RESULT FOR TRIAL ATTORNEY, NISSIM ABAEV, ESQ . THE FOLLOWING SPEAKS FOR ITSELF!!!! AS PUBLISHED IN THE NEW YORK JURY VERDICT REPORTER
Verdict (P) $250,000
Court Bronx Supreme
Judge Ben R. Barbato
Nissim Abaev, Sacco & Fillas, LLP, Astoria, NY
Robert J. Sambrato, Law Office of John Trop, Yonkers, NY
Facts & Allegations
On May 16, 2012, plaintiff Jacquelyn Denis, 38, a receptionist, was driving west on 31st Avenue in Astoria, Queens. As she crossed 30th Street, a minivan driven by Kok Wah Fong broadsided her car. Denis hurt her back and shoulder.
Denis sued Fong, alleging he was negligent in operating his motor vehicle. She contended that Fong ran a red light, causing the crash and injuring her.
Fong contended Denis ran a red light and caused the accident.
bulging disc, thoracic; supraspinatus muscle/tendon, tear
A couple of days after the crash, Denis went to her primary care physician with pain in her back and shoulder. She later had MRIs done, which revealed bulges in her T10-11 and T11-12 intervertebral discs and a tear of her left shoulder supraspinatus.
Her doctor recommended physical therapy, which she went to two to three times a week for a couple of months.
An expert in pain management said in a report that her injuries were causally related to the crash. The expert also opined that she had a 50 percent decrease in range of motion in the shoulder and recommended she have surgery to repair it. She has problems raising her arm up to grab things and her injuries make it difficult for her to do daily tasks, like get dressed and care for her son.
Denis sued for damages for pain and suffering.
An expert orthopedist and an expert radiologist for Fong opined that Denis’ injuries were all degenerative and the radiologist said they were not caused by the crash. The orthopedist also found a decrease in range of motion in her left shoulder but said her injuries were due to the crash, but that they had resolved. The orthopedist said the left shoulder injury was degenerative but her right shoulder was perfect.
The jury rendered a verdict for the plaintiff and awarded Denis $250,000.
$250,000 plaintiff’s total award
Demand None reported
Allstate Insurance Co. for Fong
Trial Length: 1 Day
Jury Deliberations: 1 Hour
Jury Poll: 6-0 (all questions)
Jury Composition: 1 male, 5 female
Antonio Ciccone, M.D., pain management, Belleville, NJ (Nissim Abaev) (submitted report)
Jessica F. Berkowitz, M.D., radiology, Port Chester, NY (Robert J. Sambrato) (submitted report)
Jonathan D. Glassman, M.D., orthopedics, Mineola, NY (Robert J. Sambrato) (submitted report)