SKETCHES OF COURT: High-low agreement for plaintiff injured en route to cemetery

March 31, 2014 By Alba Acevedo Brooklyn Daily Eagle
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In this courtroom sketch, Hon. Leon Ruchelsman listens as attorney Edwin Ossa (standing), of the law firm Crisci Weiser & McCarthy, conducts a cross examination in the motor vehicle accident trial of Syvette Archey v. Kings & Queens Auto Livery, et al. 

The accident occurred in June of 2009 on the William Floyd Parkway in a funeral procession en route to a cemetery. The plaintiff, as a family member of the deceased, was a rear seat passenger when she was injured in a car whose driver claims the windshield was struck by a rock, causing the driver to lose control of the vehicle and swerve. The car crossed the parkway, striking a road sign, crossed the parkway again and hit an embankment. The procession was temporarily halted as police and emergency personnel arrived on the scene. The car was towed from the site. 

Testifying for the plaintiff is Dr. Howard Baum (on the stand), an orthopedic surgeon who performed multiple surgeries on the plaintiff’s shoulder. The plaintiff is represented by Robert Rosenberg (seated, foreground), sole practitioner, of counsel to the Brooklyn law firm of Koenigsberg & Associates. 

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The defense has conceded liability in the case and the parties have consented to a control contract, a high-low agreement, to constrain the maximum exposure and minimum recovery of future damages. The trial is scheduled to continue this week in Kings County Civil Term.


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