SKETCHES OF COURT: Pedestrian-motor vehicle trial and verdict
In this courtroom sketch, Hon. Ellen Spodek listens as plaintiff’s attorney Thomas P. O’Malley of the Brooklyn law firm Lipsig, Shapey, Manus & Moverman, PC delivers his summation to the jury during the unified trial of Noilya Ahadova v. Mark Lovy that took place last week in Kings County Civil Term.
Plaintiff Ahadova at the time of the August 2011 pedestrian-motor vehicle accident was a 26 year old recent immigrant from Uzbekistan and was working as a home health care aide. Defendant Lovy, represented by Lester Rodriques of the law firm Picciano & Scahill, PC, was behind the wheel of the car that struck the plaintiff in the crosswalk at the intersection of Kings Highway and Coney Island Avenue. Both parties claimed to have had the green light. The plaintiff suffered a double fracture of her right arm for which she underwent emergency open reduction and internal fixation surgery and subsequent therapy to repair the radius and ulna. Testimony was given that the plaintiff, who is also a wife and mother of a young child, could not return to work as a home health care aide, and she has not resumed any employment since the accident.
A doctor’s affadavit was read into the record in the high-low agreement that stated the defendant suffers and is being treated for a medical condition that renders him not able to fully participate in the proceedings. The jury deliberated approximately four hours before finding for the plaintiff, awarding her 50K for past pain and suffering and 56K for past lost wages, but making no award for future pain and sufferent or lost wages, essentially discrediting plaintiff’s allegation of being unable to return to gainful employment.
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