Calogero J. Marino v. Linda Livieri, Administratrix of the Estate of Elaine Burgess (2012)

MEMORANDUM OF DECISION

As a result of the collision on May 14, 2006 with an automobile operated by the defendant's decedent Elaine Burgess, the plaintiff Calogero J. Marino struck his head on the ceiling of his vehicle and his left side including his left knee was impacted against the door on the driver's side.   Although he was able to return to his home, subsequently that night one of his children took him to the emergency room at the hospital because of the pain he was experiencing.   He was discharged with pain medication.   He was subsequently treated by his family physician, Margaret Chustecka, for headaches, neck pain, low back pain, sprain of the thoracic region, knee pain and chest wall pain.   Dr. Chustecka prescribed physical therapy.   In April 2008 he reached the maximum improvement.

Dr. Chustecka, who testified before the undersigned, opined that as a result of the collision the plaintiff sustained a 15% permanent partial disability to the cervical spine, 3% for the left knee, and 1% to 5% increase to a prior 10% permanent partial disability to the lumbar spine and all these ratings were based on the AMA guidelines.   The plaintiff at the time of the collision was 56 years old.

As a result of the collision, he incurred $7,299.15 in medical specials.   No claim for lost wages was made because at the time of the collision the plaintiff was retired.

The court finds that the defendant's driver was 100% responsible for the collision.   Taking the plaintiff's past medical condition into consideration, his present life style, his potential life expectancy, and the medical specials incurred, the court awards the plaintiff $125,000 in damages plus taxable costs.

Robert I. Berdon

Judge Trial Referee

Berdon, Robert I., J.T.R.