1/27/2009 - Florence E. Roth as Admin of the Estate of William Nichols v. Matthew Plant & Frank Plant, Jr.Verdict: $1,250,000
Case: Florence E. Roth as Admin of the Estate of William Nichols v. Matthew Plant & Frank Plan Jr.
Case No: 11714/05
Court: Suffolk Supreme
Judge: Arthur G. Pitts
Date: 1/27/2009
Plaintiff Attorney(s): Richard A. Dubi (lead)
Gregory D. Bellantone
Defense Attorney(s): Robert W. Doyle Jr., Lewis Johs Avallone Aviles, LLP, Melville, NY
Facts and Allegations: At about 10:15pm on April 7, 2005, plaintiff's decedent William Nichols, 27, a self-employed dog-walker was driving on the eastbound side of East Pulaski Road, near its uncontrolled intersection at Winoka Drive, in Huntington Station. As he proceeded through the intersection, his car collided with a car that was being driven by Matthew Plant. Nichols sustained injuries of his aorta, an arm, his back, his lungs and his neck.
Nichols sued Plant and the owner of Plant's vehicle, Frank Plant Jr. Nichols alleged that Matthew Plant was negligent in the operation of his vehicle. Nichols further alleged that Frank Plant Jr. was vicariously liable for Matthew Plant's actions.
Nichols subsequently died, though his death was not related to the injuries that he sustained during the accident. The suit was continued by his grandmother, Florence Roth, who was acting as administrator of the estate.
The estate's counsel claimed that the collision occurred while Matthew Plant was executing a left turn onto the southbound side of Winoka Drive, from the westbound side of East Pulaski Road. They contended that Plant's turn crossed the direct path of Nichols' car. A witness claimed that she was driving behind Nichols' vehicle, and she opined that Plant had not activated his vehicle's headlights.
Plant contended that the collision occurred while he was stopped in a lane that was designated for motorists who were executing left turns. He claimed that Nichols crossed East Pulaski Road's double yellow line and initiated a head-on collision.
The court heard testimony by the police officer who investigated the accident. The officer claimed that Nichols' vehicle ultimately stopped east of the intersection facing in a westbound direction, and that Plant's vehicle ultimately stopped west of the intersection, facing in an eastbound direction. The estate's accident-reconstruction expert opined that the collision occurred while both cars were in motion, and he concluded that it could not have been a head-on collision.
Injuries / Damages: aneurysm; bulging disc, cervical; bulging disc, lumbar; decubitus ulcer; embolism; fracture, arm; fracture, femur; fracture, leg; fracture, radius; fracture, ulna; internal fixation; open reduction; pneumothorax
During the trial, the parties stipulated that the estate's damages totaled $1.25 million, which represented the limit of the defendants' insurance coverage. They also stipulated that amount would be reduced by the percentage of any comparative negligence that was assigned to Nichols. They further stipulated that the estate's minimum recovery would total $500,000. Thus, damages were not before the court.
Nichols sustained an open fracture of his right leg's femur, fractures of his left forearm's radius and ulna, pseudoaneurysm of the thoracic portion of his descending aorta, and injuries that produced two pneumothoraxes - a buildup of air or gas that occupies the pleural cavity. He was airlifted to Stony Brook University Hospital, and doctors also determined that he was suffering a cerebral embolism and bulges of his C4-5, C5-6, C6-7, and L5-S1 intervertebral discs. He subsequently developed a decubitus ulcer of his sacrum.
Nichols' right leg's fracture was addressed via open reduction and internal fixation, and he also underwent surgical repair of his aorta.
Nichols died in December 2007, but his death was not related to the injuries that were sustained during the accident. Nichols' estate sought recovery of $382,000 for his past medical expenses. The estate also sought recovery of damages for Nichols' pain and suffering.
Result: The jury found that the defendants were entirely liable for the accident. Thus, the estate recovered the stipulated damages of $1.25 million.
Demand: $1,250,000
Offer: $750,000
Insurer(s): Allstate Insurance Co. for both defendants
Trial Details: Trial Length: 5 days
Jury Deliberations: 4 hours
Jury Vote: 5-1
Jury Composition: 3 male, 3 female
Plaintiff Expert(s): Stephen A. Coulon, accident investigation & reconstruction/failure analysis/products liability, North Haven, CT.
Ali E. Guy, M.D, physical medicine, Jericho, NY | 
