Kirk Maltais [VerdictSearch]

Supreme Court, Twelfth Judicial District, Bronx County, New York.

Gina M. Brusco-Rodriguez v. Matilda Rostoker

No. 302254/10

DATE OF VERDICT/SETTLEMENT: September 30, 2013

SUMMARY:
RESULT: Mediated Settlement
The parties negotiated a pretrial settlement, which was finalized via the guidance of mediator Susan Hernandez­-Roura. Rostoker’s insurer  agreed  to pay  $400,000.

EXPERT WITNESSES:
Plaintiff: Randall V. Ehrlich, M.D., orthopedic surgery, Bronx, NY (did not testify)
Defendant: Daniel J. Feuer, M.D., neurology, Astoria, NY (did not testify), William B. Head Jr.,neuro-psychiatry, New York, NY (did not testify), Lisa Nason, M.D., orthopedic surgery,Yonkers, NY (did not testify)

ATTORNEYS:
Plaintiff; Peter DeFilippis, Esq., Peter DeFilippis & Associates, New York, NY
Defendant: Craig P. Curcio, Law Offices of Craig P.Curcio, Middletown, NY

STATE: New York
COUNTY: Bronx

FACTS & ALLEGATIONS:
On Dec. 27, 2009, plaintiff Gina Brusco-Rodriguez, 38, a teacher, was driving on the westbound side of Locust Avenue, near its intersection at Post Road, in Scarsdale. While she was proceeding through the intersection, her sport utility vehicle’s right side was struck by a car that was being driven by Matilda Rostoker, who was traveling on the southbound side of Post Road. Brusco- Rodriguez’s vehicle spun, mounted a curb and struck a tree. Brusco-Rodriguez claimed that she sustained injuries of her back, a knee and her neck. Brusco-Rodriguez sued Rostoker.

Brusco-Rodriguez alleged that Rostoker was negligent in the operation of her vehicle. Brusco-Rodriguez claimed that she approached the intersection, stopped at a red traffic signal and proceeded into the intersection after the signal had turned green. She claimed that Rostoker ignored a red signal. Those claims were corroborated by the driver of a vehicle that was traveling immediately behind Brusco-Rodriguez’s vehicle. During a deposition, Rostoker estimated that she was maintaining a speed of 35 mph, which would have been 5 mph greater than the posted speed limit.

INJURIES/DAMAGES:
bulging disc, lumbar; chiropractic; cortisone injections; herniated disc at C4-5; herniated disc at C5-6; herniated disc at L4-5; herniated disc at L5-51; knee; nerve impingement; radiculopathy; shoulder
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Brusco-Rodriguez was placed in an ambulance, and she was transported to White Plains Hospital Center, in Plains. She claimed that she was suffering pain that stemmed from her left knee. X-rays did not reveal a fracture. Brusco-Rodriguez ultimately claimed that she sustained herniation of her C4-5. C5-6. L4-5 and L5-S1 inter-vertebral discs. She also claimed that she sustained trauma that produced a bulge of her L3-4 disc. The injuries were detected via MRI scans that were performed during the three weeks that followed the accident. Brusco-Rodriguez further claimed that two or more displaced discs caused impingement of spinal nerves and resultant radiculopathy that stemmed from her cervical and lumbar regions. She also claimed that she sustained a nonspecific injury of a shoulder. Brusco-Rodriguez underwent about 12 months of chiropractic treatment. She also underwent the administration of injections of cortisone. The injections were directed to a knee and a shoulder. Brusco-Rodriguez claimed that she suffers residual pain and limitations. She sought recovery of damages for past and future pain and suffering. Defense counsel contended that Brusco-Rodriguez’s spinal injuries predated the accident and had previously been addressed via chiropractic treatment.
Insurer: Unitrin Preferred Insurance Co.

PUBLISHED IN: VerdictSearch Vol.XXXI Issue 29 January 13, 2014 “Cases of Note” page 5