May 31, 2000
On the day of the accident, the decedent and his wife, were traveling east on Sound Avenue in the village of Riverhead approaching its intersection with Northville Turnpike. The decedent was operating the vehicle, and his wife was a front seat passenger. The defendant was operating his vehicle west on Sound Avenue, and both vehicles were within the lawful speed limit at the time. As the two vehicles approached each other, the defendant attempted to turn left across the eastbound lane in front of the plaintiffs' vehicle. Neither the defendant, nor his passenger wife, saw the plaintiffs' vehicle prior to impact, in spite of a clear, unobstructed view. The vehicles collided immediately as the defendant's vehicle entered the plaintiffs' lane, resulting in left front damage to each vehicle.
Following the collision the plaintiffs were taken by ambulance to the emergency room of Central Suffolk Hospital in Riverhead, New York, where both were admitted. The decedent plaintiff was immediately transferred to a regional trauma center at University Hospital in Stony Brook, New York. While at University Hospital, he was placed in the surgical ICU for approximately two months, during which time he was on a respirator for approximately six weeks. He underwent two neurosurgical procedures for subdural hematomas and hygromas. While hospitalized, he sustained a myocardial infarction, and was treated for multiple traumatic orthopedic injuries, including fractures of the left patella, right tibial plateau, left distal radius, right clavicle, left ischium, and multiple head injuries. After discharge from University Hospital, he was transferred to a rehabilitation facility and to other institutions for physical therapy, cognitive therapy and related treatment through June 1997. He was released approximately seven months post accident. Upon discharge to his home, he remained on home therapy and was confined to a wheelchair, having lost the ability to ambulate. As a result of his numerous traumatic injuries, and in particular his head injuries and myocardial infarction, the decedent suffered a cerebral stroke on June 21, 1998, which led to his eventual death.
The decedent's passenger wife was treated for a spiral fracture of the right humeral shaft, acute cervical strain, concussion, traumatic synovitis of the knees, multiple contusions and abrasions, severe ecchymosis of the face and eye orbit, traumatic left hemorrhage of the eye, and fractures of numerous ribs on the left side. She was subsequently admitted to another hospital six weeks later for pneumonia and thrombophlebitis, resulting from her sedentary condition and an aggravation of an underlying vascular problem.
While the defense did not dispute its insured's liability with respect to operation of the vehicle, a seatbelt defense was asserted on the issue of proximate cause for the injuries sustained by the plaintiffs.
Amos Gern represented the plaintiffs. John Ratkowitz assisted on the briefs.
