Schwartz vs. Sacks

Lipcon, Margulies, Alsina & Winkleman, P.A

Our Verdicts

Schwartz vs. Sacks

Dade Count Case No. 83-15410
Judge Knuck

PEDESTRIAN KNOCKDOWN: Plaintiff was struck by defendant’s van while in a crosswalk. Plaintiff claimed defendant driver was under the influence of drugs. Defendant admitted not seeing plaintiff and hitting him but denied that he was under the influence of drugs. Plaintiff, a sixty-two year old nursing home resident suffered a fractured hip, which required five pins, aggravation of a prior heart condition, headaches, fractured finger and post concussion syndrome. DR. N. TUROFF and DR. R. PRITCHARD both orthopedic physicians, rated plaintiff with a 20% disability. DR. NEIL FRANK, orthopedic, gave plaintiff a 15% disability. DR. ALDO SERAPHIN, nuclear medicine, testified that plaintiff’s Lone scan showed evidence of a vascular necrosis. DR. ALAN KUTNER, internal medicine, said heart condition was aggravated. DR. BARRY BAUMEL, neurologist, by deposition, said plaintiff suffered a post concussion syndrome. ROBERT LESSNE, vocational rehabilitation specialist, testified for plaintiff on assistance needed. THOMAS NATIELLO, University of Miami economist, testified for plaintiff on inflation and reduction to nearest value. DR. EDWIN NEAL, court-appointed doctor said plaintiff did not have a vascular necrosis but could develop it in the future. Medical expenses totaled approximately $25,000.00. Insurance paid approximately $18,000.00. Evidence of plaintiff’s receipt of disability insurance benefits and social security were also admitted and the jury was instructed to deduct them from the verdict.

Verdict for plaintiff: $350,000.00 compensatory. Verdict for defendant on punitive damages.