ALAND PIERRE, as natural guardian of WILAND PIERRE, vs. Roland SIMEON, and ZEE-BEST RENT A CAR, INC. (Case No.: 00-33032CA 30, Judge Barbara Levenson).
Defendant’s Attorney: MICHAEL P. RUDD AND PETER DIAMOND
AUTOMOBILE/PEDESTRIAN ACCIDENT: Minor Plaintiff was struck by vehicle while crossing four-line road. This lawsuit was tried on liability and the Jury apportioned 60% of fault on the Plaintiff and 40% on the Defendant driver. Plaintiff, age 16, suffered traumatic brain injury, multiple skull fracture, extensive keliod scarring, and associated other nerve damage. Plaintiff’s neuro-psychological expert, Lawrence Levine, testified that the Plaintiff suffered irreparable cognitive functional and associated nerve injury. Plaintiff’s orthopedic expert, Ayub Ommaya, testified that the Plaintiff sustained multiple permanent orthopedic injury and require future surgery to repair skull deformity. Plaintiff’s vocational rehabilitation expert, Larry Foreman, testified that the Plaintiff suffered significant vocational deficiencies and that the Plaintiff’s lost wage damages totaled approximately $1.5 - $3 million dollars. Plaintiff’s medical bills totaled approximately $120,000.00 in the past, and an additional $35,000.00 - $50,000.00. in the future.
Defense neuro-psychological expert, Bonnie Levin, testified that the Plaintiff suffered mild cognitive deficiency; however she was unable to determine whether or not the Plaintiff’s deficiency was accident related. Defense neurologist, Dr. Michael Aptman, Testified that strictly from a neurological standpoint the Plaintiff did not suffer any permanent neurological impairment. Defense counsel also consulted with Dr. Alan Rapheal, neuro-psychologist, in preparing the damages defense in this matter.
Plaintiff requested $14 million for past and future medical care, future lost wages and past and future pain and suffering.
Verdict: $724,739.51 for Plaintiff. However, after apportionment and set-offs, the Trail Court entered Final Judgment in the amount of $303,722.80.