E-Newsletter: August 2017
Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice
The Law Offices of Frederick K. Brewington is a well-respected litigation firm with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full- service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice.
RECENT VERDICTS AND SETTLEMENTS
$7.75 million- Civil Rights and wrongful death action brought by the family of deceased
$4.7 million- Repeated verbal and physical assaults on Yemeni-American employee, while supervisor failed to protect employee and discipline the assailant
$1.277 million- Race based attack and serious injury by violent acts against Plaintiffs, who were lured to an isolated warehouse
$2.8 million- Wrongful death, products liability case involving a tow motor accident at a sewage treatment plant
Jogger Struck by Vehicle Successfully Defends Attempt to Thwart Her Ability to Recover Damages After Motion Seeking Summary Judgment Is Denied
A Suffolk County State Supreme Court has allowed Ariana Donovan to move forward to seek damages from injuries she sustained from being hit by a car while jogging. In a detailed decision, Supreme Court Justice Paul J. Baisley, Jr. denied summary judgment for Defendant Douglas Quick, who sought to have the complaint against him dismissed.
On October 8, 2013 at approximately 6 a.m., Ms. Donovan was jogging eastbound on the north side of Montauk Highway in West Islip. She said she intended to cross Montauk Highway at the intersection with Snedecor Avenue, then go southbound on Snedecor Avenue. When she saw the traffic signal and the light was red for vehicles traveling on Montauk Highway, and in her favor, she began to cross. Ms. Donovan checked both eastbound and westbound traffic before she started to cross Montauk Highway. According to Ms. Donovan, she was attempting to cross Montauk Highway and had, in fact, crossed over four of the five lanes of Montauk Highway. She was a short distance from the sidewalk at the corner of Snedecor Avenue, when she was struck by a Chevrolet Suburban, owned and operated by Mr. Quick.
As a result of being struck by the Suburban, Ms. Donovan suffered serious injuries, including marked displaced comminuted fracture of the right distal radius with marked displacement of the distal radial fracture fragments; fracture of the ulnar styloid process; necessity for surgery — open reduction and internal fixation with placement of a volar plate and screws; bony void of about 2x1 centimeters in radial metaphyseal area of the radial styloid; and was unable to feel a radial or ulnar pulse.
She also suffered a displaced comminuted impacted humeral neck fracture of the left shoulder with anterior angulation at the site of the fracture; cortical fracture of the greater tuberosity; tendinosis and partial thickness interstitial tearing of the posterior supraspinatus tendon. Further, she experienced C3-4 left paracentral disc protrusion; mild left uncovertebral hypertrophy; posterior osteophytic ridging; mild to moderate thecal sac compression; abutment of the spinal cord to midline; moderate left foraminal stenosis; C5-6 osteophytic ridge — right foraminal disc protrusion and uncovertebral hypertrophy; mild thecal sac compression; moderate bilateral foraminal stenosis; abutment of exiting nerve roots; C6-7 moderate bilateral foraminal stenosis; C6-7 interlaminar steroid injection on December 19. 2013 at Good Samaritan Hospital; degeneration of the cervical intervertebral disc; brachial neuritis and/or radiculitis; spinal stenosis in cervical region; weakness of the upper extremity and abrasions and bruising to the left ankle; abrasions to the left buttock; abrasion to the chin and face and a cut to the bottom lip area.
Judge Paul J. Baisley, Jr. wrote in his decision that, in order to move for summary judgment, the defendant must sufficiently prove he was not at fault at the time of the accident, which the defendant failed to do. Judge Baisley cited New York Vehicle and Traffic Law in which pedestrians are granted right-of-way in traffic and are “entitled to anticipate that motorists will obey the traffic laws that require them to yield.”
Frederick K. Brewington and Ira Fogelgaren from the Firm represented Ms. Donovan on this motion.
To read the decision, click here.
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