| VERDICT(P) | $1,258,660 |
| CASE | Arthur Koinis v. Lucille S. Goldschlag and Town of Oyster Bay, No. 3347/98 |
COURT |
Nassau Supreme Ute W. Lally 7/3/2003 |
| PLAINTIFF ATTORNEY(S) | Thomas P. Guiffra, Barton, Barton & Plotkin, L.L.P.,
New York, NY Peter Yoars, Barton, Barton Plotkin, L.L.P., New York, NY |
| DEFENSE ATTORNEY(S) | Joseph S. Holotka, Beliofatto, Martyr, Toher, Esposito & Martyn, Mineola, NY |
FACTS & ALLEGATIONS On Dec. 3, 1998, at approximately 7:30 p.m., plaintiff Arthur Koinis, dressed in dark clothes, was attempting to cross Old Country Road near the Morton Village Shopping Center in Plainview, N.Y. Old Country Road consists of two lanes of travel in each direction and an eastbound left-hand turning lane, for people going to the shopping center. There were no traffic-control devices or marked crosswalks in the immediate vicinity.
Koinis claimed that Lucille Goldschlag, 73, struck him with her 1997 Toyota Avalon while he crossed Old Country Road. Koinis sued Goldschlag and the town of Oyster Bay. He alleged that the town had three street lights unlit at the scene. Goldschlag passed away prior to the trial. She testified, through her deposition, that she did not see Koinis until he was on her hood.
The defendants alleged that Koinis was not paying attention, and that he was unable to be seen because he was wearing dark clothes at night while jaywalking.
Koinis' experts testified that he would require psychiatric services and prescription medications over his life expectancy at an annual cost of $8,400 a year. Moreover, Koinis' orthopedic export testified that Koinis would need two future surgical procedures within five to 15 years, at a cost of $25,000 to $30,000 each.
Koinis furl er testified that he was unable to continue in the master's program at Hofstra University, due to his cognitive deficits. He claimed that he had attempted to go back to school the summer following the accident, but withdrew from one cause and received a "17 in another.
Goldschlag's medical experts conceded the immediate fractures but stated that Koinis was fully recovered and did not need any further medical treatment for them. Her experts further denied the existence of any brain injury or cognitive deficits.
According to plaintiff's counsel, defense counsel argued to the jury that the injuries were merely a creation of plaintiff's trial counsel. Plaintiff's counsel also reports that prior to plaintiff's neurologist taking the stand, defense counsel made an application to preclude the neurologist's testimony regarding plaintiff's brain injury because a psychiatrist and a neuropsychologist had already testified on behalf of the plaintiff, and that neurology and psychiatry are basically the same thing because they have a joint Board. The court granted defense counsel's application finding that such testimony would be repetitive. However, the court allowed both defendant's psychiatrist and neurologist to testify that Koinis did not suffer a brain injury.
According to defense counsel, Koinis' economist asserted that plaintiff's future wages would range from $2,236,000 to $3,421,000. Defense counsel claimed that plaintiff failed to report income in numerous years and certain tax returns were therefore deemed inadmissible.
RESULT The town of Oyster Bay was granted pretrial summary judgment on liability. The jury assigned 40% negligence to Goldschlag and 60% comparative negligence to Koinis. It awarded Koinis a total of $1,258,660, which was reduced to $503,460, based on Koinis' comparative negligence.