Verdicts: Bernice Horowitz v. Michael Levi
Case Type: Pedestrian
Case: Bernice Horowitz v. Michael Levi, No. 28198/98
Venue: Kings Supreme, NY
Settlement Date: 11-15-1999
- Glenn D. Miller; Sivin & Miller; Manhattan, NY
Pltf., a 74-year-old retiree, claimed that on 7/22/98 at 6:30 PM, she was crossing in the crosswalk of Henry St. at its intersection with Orange St. in Brooklyn when she was bumped by Deft.’s vehicle, which was backing up. Pltf. claimed that she fell and struck her head. Deft. denied that his vehicle struck Pltf. and argued that she likely collapsed because it was a 93° summer day and because she suffered an overdose of anti-coagulant medication.
Concussion, leading to stroke. Pltf. claimed that the injury set into motion a chain of events that resulted in a severe stroke 7 weeks after the accident. The stroke left her wheelchair-bound. Deft. claimed that the stroke was unrelated to the initial injury and that it was caused by her failure to take her prescribed anti-coagulant medication. Settlement apportionment: $300,000 paid by insurer as lump sum; $100,000 paid by Deft. as lump sum; $350,000 paid by Deft. over 5 years.
Verdict Information: This action settled for $750,000 after jury selection. Pltf., a 74-year-old retiree, claimed that on 7/22/98 at 6:30 PM, she was crossing in the crosswalk of Henry St. at its intersection with Orange St.