PMT Winning in Court – Defendants Can Win in the Bronx

By Shawn M. Weakland.

Ramon Diaz v. Giulio Darmetta and Eric R. Darmetta (Bronx County, NY Index No.: 27147/2015E – PMT: Automobile),

On August 4, 2015, a two-vehicle accident occurred involving a New York City Transit Authority (NYCTA) bus operated by the plaintiff and a Toyota Camry owned and operated by the defendants (a father and son). Both drivers claimed they had a green light, resulting in a dispute over liability.

The plaintiff, who was 55 years old at the time of the accident, reported several injuries, including multiple cervical herniations and bulges treated with epidural injections, as well as a discectomy and fusion at the C3-C6 levels. Additionally, the plaintiff experienced multiple lumbar herniations and bulges, also requiring epidural injections and an L5-S1 discectomy and fusion. Plaintiff further underwent left ankle arthroscopic surgery that included a skin graft and claimed to be unable to return to work.

The defense argued that the plaintiff’s injuries were pre-existing, chronic, and degenerative, asserting that they were not related to the accident. The defendants’ insurance carrier offered the full $300,000 policy limit both before and during the trial. While the plaintiff’s counsel was open to settling, the plaintiff himself refused and insisted on pursuing the case against the defendants personally.

The jury reached a verdict that found liability to be equally shared, resulting in a 50/50 split. Additionally, the jury unanimously determined that there was no causal connection between the plaintiff’s injuries and the accident, with a vote of 6-0.

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Should you have any questions, please call our office at (914) 703-6300 or contact:

Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com

Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com

Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com

Richard J. Freire, Executive Partner
rfreire@pmtlawfirm.com