FILED: NEW YORK COUNTY CLERK 02/26/ :04 PM INDEX NO /2015 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/26/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK â â â â â â -- â â â --- â - â -X KlM GENTLUOMO Plaintiff, VERFED BLL OF PARTCULARS THE CTY OF NEW YORK, index No /2015 NEW YORK CTY POLCE DEPARTMENT and POLCE OFFCER HARRS CORREA Defendants. -- -X Plaintiff, KlM GENTLUOMO, by and through her attorneys, WNKLER, KURTZ WNKLER, FELLN, HAKE 8 O'HANLON, LLP, as and for her verified bili of particulars :1 responsive to the demands of defendants, THE CTY OF NEW YORK, NEW YORK CTY POLCE DEPARTMENT, and POLCE OFFCER HARRS CORREA, states the following upon information and belief: 1. The accident occurred on December 4, 2014 at approximately 6:05pm. 2. The accident occurred at the intersection of Veterans Memorial Highway and Harned Road, in the Hamlet of Commack, Town of Smithtown, County of Suffolk State of New York. 3. As a proximate result of defendants' negligence, plaintiff sustained the following injuries: Trauma to the neck resulting in cervical strain and sprain; disc bulge at C2-3; stenosis at C3-4 with compression of the exiting right C4 nerve root; right paramedian and foraminal disc herniation at C4-5 with stenosis, compression and t'' displacement of the exiting right C5 nerve root, flattening deformity of the ventral thecal sac, and flattening deformity of the ventral cord; broad based paramedian and right foraminal disc herniation at C5-6 with foraminal narrowing, flattening of the ventral thecal sac, impingement of the exiting right C6 nerve root, and stenosis; extruded -against- -1-

2 central to right paramedian disc herniation at C6-7 deforming the ventral thecal sac and resulting in stenosis; cervical radiculopathy; cervical radiculitis; cervical stenosis; aggravation of multilevel degenerative conditions and degenerative disc disease in the cervical spine cervical arthrosis; neck pain with radiation of pain numbness, weakness, and tingling down the bilateral upper extremities, hands, and fingers; cervicalgia; cervical muscle spasms; cervical myofascial pain syndrome; neck pain; and restricted range of motion involving the cervical spine As a result of the foregoing injuries to plaintiff's cervical spine, she underwent surgical intervention in the form of fluroscopic guided cervical epidural steroid injection with injection of contrast and acquisition of epidurogram under MAC conscious sedation anesthesia on June 15, As a further result of the foregoing injuries to plaintiff's cervical spine, she underwent surgical intervention in the form of anterior cervical discectomy.c and fusion at C4-5 and C5-6; insertion of bone dowel allograft at C4-5 and C5-6; segmental instrumentation at C4-5 and C5-6; and intraoperative and fluroscopic needle localization and microdissection, all under general anesthesia on October 1, This procedure has additionally left plaintiff with a surgical scar. Right carpal tunnel syndrome; right ulnar neuropathy at the elbow; right ulnar nerve lesion; pain and paresthesia in the right upper extremity with numbness and tingling in all five digits; fine motor function deficits, weakness, and clumsiness; electric shock sensations radiating down the ulnar aspect of the forearm; right elbow discomfort; paresthesias, pain and clicking to the medial aspect of the right elbow; pillar pain and weakness to the right hand; and numbness and tingling to the median nerve distribution and ulnar nerve distribution and restricted range of motion involving the right upper extremity -2-

3 As a result of the foregoing injuries, plaintiff underwent surgical intervention in the form of right endoscopic carpal tunnel release and right ulnar nerve decompression.==-. aṭt the elbow under general anesthesia on June 10, This procedure has additionally left plaintiff with a surgical scar. Trauma to the head resulting in loss of consciousness; concussion; dizziness; photosensitivity; light sensitivity nausea; visual changes; eye pain; occipital neuralgia; concentration deficits; memory deficits; and headaches. Trauma to the lower back resulting in lumbar strain and sprain; disc bulge at L1-2; broad based right foraminal disc herniation at L3-4 with foraminal narrowing, stenosis, and impingement of the exiting right L3 nerve root; disc bulge at - L4-5; V~ broad 4 < VVU based VV'VV foraminal V all > V disc dkvv herniation ll (ALV at CALL5-S1 LV V with Trill > deformity AVV i ll) of V the ll V ventral V lu la thecal ll V sac, stenosis, and impingement of the exiting L5 nerve root; lumbago; myalgia; myositis; myofascial pain syndrome with trigger points; lumbar muscle spasms; lumbosacral radiculopathy; lumbar radiculitis; aggravation of multilevel degenerative conditions and/or degenerative disc disease in the lumbar spine; lower back pain and buttocks pain with radiation of pain, numbness, tingling, and weakness into the bilateral lower extremities, feet and toes; and restricted range of motion involving the lumbar!. spine. ~ As a result of the foregoing injuries to plaintiff's lumbar spine, she underwent surgical intervention in the form of fluroscopic guided lumbar facet injection under MAC, conscious sedation anesthesia on May 12, 2015; lumbar transforaminal epidural steroid injection under fluroscopic guidance with injection of contrast and acquisition of epidurogram under MAC, conscious sedation anesthesia on June 1, 2015; lumbar epidural steroid injection with fluroscopic guidance and injection of contrast and acquisition of epidurogram under MAC, conscious sedation anesthesia on July 21, 2015; lumbar epidural steroid injection with fluroscopic guidance and injection -3-

4 of contrast and acquisition of epidurogram under MAC, conscious sedation aneshtesia on August 25, 2015; and lumbar epidural steroid injection with fluroscopic guidance and injection of contrast and acquisition of epidurogram under MAC, conscious sedation anesthesia on September 16, t is claimed that the foregoing injuries are all permanent in nature. 5. (a) Plaintiff was confined to St. Catherine of Siena Medical Center, 50 Route 25A, Smithtown, New York on December 4, Plaintiff was further confined to St. Charles Hospital, 200 Belle Terre Road, Port Jefferson, NY on May 12, 2015, June 1, 2015, June 10, 2015, June 15, 2015, July 21, 2015, August 25, 2015, September 16, 2015, and October 1, (b) Plaintiff was confined to bed, couch or chair for a period of approximately three (3) days following the accident, except for medical appointments and daily necessities. Plaintiff was further confined to bed, couch or chair from June through June 24, 2015, except for medical appointments and daily necessities. Plaintiff was further confined to bed, couch or chair from October 1, 2015 through October 22, 2015, except for medical appointments and daily necessities. Plaintiff is intermittently confined to bed, couch or chair through the present and continuing. (c) Plaintiff was confined to home for a period of approximately three (3) days following the accident, except for medical appointments and daily necessities. Plaintiff was further confined to home from June 10, 2015 through June 24, 2015, except for medical appointments and daily necessities. Plaintiff was further confined to home from October 1, 2015 through October 22, 2015, except for medical appointments and daily necessities. Plaintiff is intermittently confined to home through the present and continuing -4-

5 6. temization of plaintiffs special damages (a) Physician(s) Services: To be provided. (b) Nurses Services: To be provided. (c) Hospital Expenses: To be provided (d) Drugs and Medical Supplies: To be provided. (e) X-rays and Diagnostic Tests: To be provided The plaintiff objects to the remainder of this demand on the grounds that it is overly broad and an improper demand for a bill of particulars. Without waiving this objection, the plaintiff provides the following response in good faith: Part of plaintiff's medical expenses were paid by State Farm Mutual Automobile nsurance Company, P.O. Box , Atlanta, GA , under Policy No , Claim No C-859. An authorization permitting defense counsel to obtain plaintiff's no-fault b file from State Farm Mutual Automobile nsurance Company has been provided under ' separate cover. Plaintiff reserves the right to amend and/or supplement this response to allege further and continuing special damages in accordance with the CPLR. 7. The plaintiff objects to this demand on the grounds that it is overly broad and an improper demand for a bill of particulars. Without waiving this objection, the plaintiff provides the following response in good faith: At present, plaintiff does not claim any additional special damages other than what has been specified above, Plaintiff reserves the right to amend and/or supplement this response to allege further and continuing special damages in accordance with the CPLR. 8. At the time of the accident, plaintiff was employed as an Administrative Assistant by Gurwin Assisted Living, 50 Hauppauge Road, Commack, NY (a) Gurwin Assisted Living, 50 Hauppauge Road, Commack, NY

6 (b) Plaintiff was totally incapacitated from work for a period of approximately three (3) days following the accident, Plaintiff was further totally incapacitated from work from approximately June 10, 2015 until approximately June 24, x Plaintiff was further totally incapacitated from work from approximately October until approximately October 22, (c) See response to particular numbered "8b" above. (d) At the time of the accident, plaintiff worked approximately thirty (30)! hours per week and earned approximately $19.50 per hour. As such, plaintiff presently claims lost earnings in the approximate sum of $3, Plaintiff reserves the right to amend and/or supplement this response to allege further and continuing loss of earnings in accordance with the CPLR. (e) See response to "8(b)" above. 9. Plaintiff was not a student at the time of the accident 10. At the time of the accident, plaintiff resided at 77 Old Dock Road, Kings ' * C :' Park, New York Plaintiff presently resides at 30 Hamilton Street, Smithtown, New York Plaintiffs maiden name is Kim Laino. 12. Plaintiff was bom in Social security number to be provided under t. separate cover. 13. Plaintiff is not a Medicare recipient. 14. Plaintiff objects to this demand on the ground that it is an improper demand for a bill of particulars. 15. There is no derivative claim for loss of services/consortium. 16. t is claimed that the injuries to plaintiff's neck, back, head, and right upper extremity constitute "serious injuries" as defined by the New York State insurance Law. Said injuries have resulted in a permanent consequential limitation of use of a body -6-

7 member, as well as a significant limitation of use of a body function or system. Moreover, all of plaintiffs injuries have prevented plaintiff from performing substantially all of the material acts which comprise her usual and customary activities for at least ninety (90) days during the 180 days immediately following the accident. n addition, ;:. plaintiff's surgical scars constitute a significant disfigurement. 17. There is no claim for property damage. 18. As plaintiff was making a left hand turn onto Harned Road from the eastbound side of Veterans Memorial Highway at a green arrow, defendant, who was traveling westbound on Veterans Memorial Highway, failed to come to a stop at the red light governing its intersection with Harned Road and entered the intersection, causing his vehicle to collide with plaintiffs vehicle. 19. Defendants, their agents, servants and/or employees, were negligent in failing to pay proper attention to the roadway and vehicles thereon; failing to yield right of way to plaintiffs vehicle; failing to heed the applicable traffic control devices; failing to stop at the red fight governing the westbound lane of Veterans Memorial Highway at its intersection with Harned Road; failing to control the speed and direction of his motor vehicle; failing to make adequate and timely use of brakes or otherwise take steps to slow and/or stop his motor vehicle; in failing to take sufficient evasive action to avoid with plaintiffs vehicle; in failing to make adequate and timely use of steering mechanisms to avoid colliding with plaintiffs vehicle; in failing to keep his motor vehicle under proper control; in failing to keep a reasonably careful lookout for other vehicles; in failing to see what was there to be seen; in operating his vehicle at an unsafe speed under the circumstances; and in failing to sound his horn, flash his lights, or otherwise plaintiff that he was unable to control his vehicle and/or that he was going to r. collide with plaintiff's vehicle, Discovery and investigation are continuing and plaintiff 7

8 reserves the right to amend and/or supplement this response as additional facts become known. 20. Plaintiff does not presently claim any intentional wrongs. 21 Police Officer Harris Correa. 22. Plaintiff does not presently claim any dangerous or defective conditions or : instrumentalities. 23. Plaintiff does not presently claim any dangerous or defective conditions or instrumentalities. 24. Plaintiff does not presently claim any dangerous or defective conditions or instrumentalities. 25. Plaintiff does not presently claim actual or constructive notice of any dangerous or defective conditions or instrumentalities. 26. Plaintiff does not presently claim actual or constructive notice of any f',f dangerous or defective conditions or instrumentalities. 27. Plaintiff does not presently claim actual or constructive notice of any dangerous or defective conditions or instrumentalities 28. Plaintiff does not presently claim prior written notice of any dangerous or defective conditions or instrumentalities 29. Plaintiff does not presently claim prior written notice of any dangerous or defective conditions or instrumentalities. 30. The Court will take judicial notice of the statutes, regulations, rules, ordinances and/or other laws violated by defendant at the time of trial. t is claimed that Defendant violated sections 1110(a), 1111, 1111(d)(1), 1140(a), 1180(a), and 1180(b) of the New York State Vehicle and Traffic Lawi Discovery and investigation are continuing and plaintiff reserves the right to amend and/or supplement this response as additional facts become known. -8-

9 31. Not Applicable. 32. Not Applicable. 33. Not Applicable. 34. Not Applicable. 35. Not Applicable , Not Applicable. This is not an action for defamation Not Applicable. This is not an action for police misconduct Not Applicable. This is no an action for exposure to lead-based paint Not Applicable. This is not an action for wrongful death Not Applicable. This is not an action for negligent emergency medical response. 1 Dated: Port Jefferson Station, New York )' July 20, 2016 Yours etc. WNKLER, KURTZ, WNKLER FELLN, HAKE & O'HANLON, LLP By: Jason W. Hake Attomeys for Plaintiff 1201 Route 112, Suite 200 Port Jefferson Station, NY (631) File No TO: ZACHARY W. CARTER Corporation Counsel 100 Church Street New York, New York (212) Law Dept. No

10 VERFCATON STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ) ss.: t" KM GENTLUOMO, being duty sworn, state as follows: am the Plaintiff herein, have read the annexed Verified Bill of Particulars, and know the contents thereof to be true to my own knowledge, with the exception of those matters therein stated to be alleged upon information and belief and as to those matters believe them to be true. KlM G N L 0 -- h',. Sworn to before me this 20th day of h 20 otary Public JASON W. HAKE Notary Public, State of New York No. 02HA Qualified in Suffolk County Commission Expires October 7, 2017 :- ', L.

11 FLED: NEW YORK COUNTY CLERK 02/26/ :04 PM NDEX NO /2015 ndex No /2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK KlM GENTLUOMO, Plaintiff, -against- lnst- -ag THE CTY OF NEW YORK, NEW YORK CTY POLCE DEPARTMENT and POLCE OFFCER HARRS CORREA, Defendants. VERFlED BLL OF PARTCULARS Winkler, Kurtz, Winkler Fellin, Hake & O'Hanlon, LLP Attorneys for Plaintiff 1201 Route 112, Suite 200 Port Jefferson Station, NY Dated: July 22, 2016 WNKLER, KURTZ, WNKLER, FELLN, HAKE & O'HANLON, LLP Attorneys for Plaintiff 1201 Route 112, Suite 200 Port Jefferson Station, NY