Brooklyn Boro

SKETCHES OF COURT: No damages awarded in car accident trial

May 17, 2017 By Alba Acevedo Brooklyn Daily Eagle
Court sketch by Alba Acevedo
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In this courtroom sketch, Hon. Devin Cohen listens as defendant’s attorney Angela Capri (standing), of the law offices of James G. Bilello & Associates, conducts a direct examination in the motor vehicle accident trial Eames v. Barglowski. Liability for causing the accident was conceded, and the trial proceeded on damages. On the stand is expert witness orthopedic surgeon Dr. Alan Zimmerman.

Frances Eames was 32 years old when she claims she was injured in the March 2012 accident in Brooklyn. Eames was represented by Russell LiBrizzi (standing), trial counsel to the law firm Zlotolow & Associates.

Eames complained of pain in her shoulder, neck and back after the accident. She alleged that months of conservative treatment and physical therapy failed to resolve her issues, and Eames eventually had arthroscopic surgery on her left shoulder to assess a possible rotator cuff injury. No tears were found, but she underwent a debridement procedure.   

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Capri sought to refute the contention that Eames had sustained serious injuries causally related to the accident, and elicited testimony supporting the allegation that Eames’ condition was degenerative in nature and not a significant limitation.

LiBrizzi’s cross-examination sought to impugn expert witness testimony over the credibility of testimony by the treating physicians.

The jury returned a defense verdict. Eames was not awarded damages after the jury determined that she had not been seriously injured. Court reporter Harold Ortiz recorded the proceedings in Kings County Civil Term.

 


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