FILED: BRONX COUNTY CLERK 02/02/2016 01:53 PM INDEX NO. 21870/2015E NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 02/02/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X MARIA A. RIVERA and HELIA CASTELLANO, Index No.: 21870/15E Plaintiff, VERIFIED BILL OF PARTICULARS -against- GRAND CENTRAL AIR CONDITIONING CORP. and JOHN DOE first and last name being fictitious and unknown, Defendants. ------------------------------------------------------------------X Plaintiffs, MARIA A. RIVERA and HELIA CASTELLANO, by their attorneys, VANDAMME LAW FIRM, P.C. responding to the demands of Defendants for a Verified Bill of Particulars allege, upon information and belief, as follows: 1. The plaintiff MARIA A. RIVERA is also known as MARIA ANTONIA RIVERA. The plaintiff HELIA CASTELLANO is not known by any other name. 2. The date and approximate time of the day of the occurrence: April 6, 2012 at 17:35. 3. The acts of omissions of the defendants constituting negligence include, but are not limited to the following: The defendants were negligent in the ownership, operation, control, and maintenance of the vehicle in which its employee was driving; in striking the vehicle in which the plaintiff MARIA A. RIVERA was a driver and HELIA CASTELLO was a passenger, in failing to see what was there to be seen; defendant and its employee/driver were negligent, careless, and reckless in the ownership, operation, control, and maintenance of the vehicle; in failing to keep their motor vehicle under control; in failing to observe traffic conditions then and there prevailing; in failing to properly and adequately observe traffic conditions then and there prevailing; in failing
to observe roadway conditions then and there prevailing; in failing to properly and adequately observe roadways conditions then and there prevailing; in failing to use their brakes to avoid the collision with the vehicle in which plaintiff MARIA A. RIVERA was a driver and plaintiff HELIA CASTELLANO was a passenger; in failing to properly and adequately use its brakes to avoid the collision with the vehicle in which plaintiff MARIA A. RIVERA was a driver and plaintiff HELIA CASTELLANO was a passenger; in failing to properly and adequately steer their motor vehicle to avoid collision with the vehicle in which plaintiff MARIA A. RIVERA was a driver and plaintiff HELIA CASTELLANO was a passenger; in failing to properly and adequately sound his horn; in failing to properly and adequately stop his motor vehicle so as to avoid sideswiping plaintiff MARIA A. RIVERA s vehicle on the driver s side of her vehicle, causing the vehicle to be pushed into the road barrier and curb; in traveling fast and at an excessive rate of speed; in failing to properly and adequately observe the vehicle in which the plaintiff MARIA A. RIVERA was a driver and plaintiff HELIA CASTELLANO was a passenger; in allowing and permitting his motor vehicle to sideswipe the vehicle in which plaintiff MARIA A. RIVERA was a driver and HELIA CASTELLANO was a passenger; in failing to follow the rules and regulations promulgated by the County of Bronx, State of New York; in failing to heed and observe the traffic regulations at the aforementioned time and place; in failing to give notice and warning of the approach of his motor vehicle prior to sideswiping the driver s side of the vehicle in which the plaintiff MARIA A.RIVERA was a driver and plaintiff HELIA CASTELLANO was a passenger; in otherwise leaving the scene of the accident and being negligent, reckless and careless under the circumstance.
4. The Court will take judicial notice of all statutes, laws, ordinances, rules and regulations applicable therein. 5. The following injuries were caused, precipitated, accelerated, and otherwise enhanced by the defendant s negligence: MARIA A. RIVERA Lumbar spine L5-S1: broad based central disc herniation with impingement upon the anterior thecal sac as well as the S1 nerve roots; bilateral foraminal osteophytes resulting in severe bilateral foraminal impingement; Cervical spine C4-5: focal central/left paracentral disc herniation with anterior thecal sac impingement. C3-4: focal central disc bulge herniation with anterior thecal sac impingement; Thoracic spine Spondylosis of the mid to lower thoracic spine; Derangement, tenderness and painful range of motion cervical spine; Derangement, bilateral tenderness thoracic spine; Lumbar myofascial derangement; tenderness and painful range of motion lumbar spine; Necessity to undergo anterior cervical discectomy fusion; Headaches; Sleep impairment due to pain; Decreased weight bearing ability; Inability to ascend and descend steps; Antalgic gait; Anxiety;
Strength and balance deficit; Damage to nerves, tissues tendons and ligaments of upper and lower back, upper and lower extremities; Bruises, contusions and hematomas to upper and lower back, upper and lower extremities; Decreased active range of motion; Functional limitations; Difficulty and extreme pain upon walking and bending; Severe pain and difficulty sitting and standing for periods of time; Inability to perform household chores and activities of daily living; Extreme and severe pain that is even worse when weather changes, particularly when weather becomes cold and/or damp; extreme difficulties in walking, particularly involving the use of stairs/steps; extreme difficulties in performing household chores and getting dressed; anxiety, fear and depression regarding possible future surgeries and future condition and development of the injuries he suffered. The foregoing injuries directly affected the skin, bones, tendons, ligaments, nerves, blood vessels and cartilage of the injured sites with sympathetic radiating pains, organic functional disturbances and soft tissue damage with resultant lesions, adhesions and arthritis/arthrosis that caused further pain and may require future surgeries; required and requires future and further medical care and treatment; the above includes but is not limited to the sequalae of said injuries and the resultant medical developments and complications. Plaintiff claims all complications that may arise from treatment given and future treatment, including but not limited to: shock, fat embolism syndrome, coagulopatheis; thrombophlebitis; venous thrombosis and thromboembolism; gas gangrene; tetanus; hypoercalcemia; corticosteroid therapy; cast syndrome; drug interaction; complication of anesthesia and all surgical procedures that may be applied, including but not limited to traction, cast, appliances, fixation, implants, bracing; and all necrosis and other complications of the nonunion, delayed union and mal-union sustained. Plaintiff has an inability or diminished ability to function normal day to day life, to work, suffer extreme susceptibility to reinjury, further and future injury to his body as a result of being
weakened due to his injuries, severe and extreme mental and emotional conscious pain and suffering, stress and anxiety from the accident with consequential psychological overlay that would naturally result from such injuries. Plaintiff claims all future injuries that will result from the loss of strength and ability to move and use his extremities and any subsequent atrophy or loss of circulation of blood and consequential feeling of coldness, loss of temperature in that part of the body, an inability to use and move that part of the body and all consequential injuries that will result from that. Plaintiff incorporates through reference all injuries mentioned in all medical reports furnished or made available through authorizations that are provided. HELIA CASTELLANO Cervical sprain/strain; Thoracic sprain/strain; Bilateral rotator cuff sprain/strain; Bilateral shoulder pain; Segmental dysfunction of cervical and thoracic spine; Myofascitis/muscle spasm; Mild anterior deviation of the head; Mild reversal of the cervical spine; Minimal left lateral listing of the cervical spine; Bilateral neck pain; Cervical spine is mildly degraded in the coronal plane (AP cervical view) dut to technical and development components; Minimal degenerative spurring along the anterior vertebral body margins of C6, T8 and T9; Posterior ponticulum is apparent at C1; Mild straightening of the lower thoracic curve; Mild thoracic hypokyphosis; Palpatory pain levels C1-C7;
Restricted cervical range of motion due to muscle guarding and pain; Foraminal compression test elicited pain; Shoulder compression test reproduced bilateral neck symptoms; Soto Hall produced generalized pain in the cervical region; Active myofascial trigger points also noted about the upper trapezius, levator Scapulae and rhomboids; Palpatory pain levels T1-T10; Restricted thoracic range of motion due to pain and muscle guarding; Muscle spasm, guarding and tenderness noted along the thoracic paraspinal extensor muscles; Active myofascial trigger points along the thoracic musculature; Compression test revealed pain in the thoracic spine; Palpable tenderness of the right and left shoulder; Pain with restriction during elevation, abduction and external rotation of the right and left shoulder joint; Positive during Apley s scratch test of the right and left shoulder; Sleep impairment due to pain; Decreased weight bearing ability; Difficulty in ascending and descending steps; Difficulty performing duties of a mother to her children; Anxiety; Strength and balance deficit; Damage to nerves, tissues tendons and ligaments of neck, upper and lower back, upper and lower extremities and shoulders; Bruises, contusions and hematomas to neck, upper and lower back, upper and lower extremities and shoulders; Decreased active range of motion; Functional limitations; Difficulty and extreme pain upon walking and bending; Severe pain and difficulty sitting and standing for periods of time;
Extreme and severe pain that is even worse when weather changes, particularly when weather becomes cold and/or damp; extreme difficulties in walking, particularly involving the use of stairs/steps; extreme difficulties in performing household chores and getting dressed; anxiety, fear and depression regarding possible future surgeries and future condition and development of the injuries he suffered. The foregoing injuries directly affected the skin, bones, tendons, ligaments, nerves, blood vessels and cartilage of the injured sites with sympathetic radiating pains, organic functional disturbances and soft tissue damage with resultant lesions, adhesions and arthritis/arthrosis that caused further pain and may require future surgeries; required and requires future and further medical care and treatment; the above includes but is not limited to the sequalae of said injuries and the resultant medical developments and complications. Plaintiff claims all complications that may arise from treatment given and future treatment, including but not limited to: shock, fat embolism syndrome, coagulopatheis; thrombophlebitis; venous thrombosis and thromboembolism; gas gangrene; tetanus; hypoercalcemia; corticosteroid therapy; cast syndrome; drug interaction; complication of anesthesia and all surgical procedures that may be applied, including but not limited to traction, cast, appliances, fixation, implants, bracing; and all necrosis and other complications of the nonunion, delayed union and mal-union sustained. Plaintiff has an inability or diminished ability to function normal day to day life, to work, suffer extreme susceptibility to reinjury, further and future injury to his body as a result of being weakened due to his injuries, severe and extreme mental and emotional conscious pain and suffering, stress and anxiety from the accident with consequential psychological overlay that would naturally result from such injuries. Plaintiff claims all future injuries that will result from the loss of strength and ability to move and use his extremities and any subsequent atrophy or loss of circulation of blood and consequential feeling of coldness, loss of temperature in that part of the body, an inability to use and move that part of the body and all consequential injuries that will result from that. Plaintiff incorporates through reference all injuries mentioned in all medical reports furnished or made available through authorizations that are provided.
5a. All injuries are permanent except those transitory in nature. 6. (1) Hospital: The plaintiff MARIA A. RIVERA was treated at Physical Medicine and Rehabilitation of New York and may require further in-patient hospitalization. The plaintiff HELIA CASTELLANO was treated at Altamirano Chiropractic Center, LLC, by Dr Jennifer Gonzalez-Colon. Plaintiffs retains the right to supplement this response at the completion of discovery. (2) It is impossible to state with reasonable certainty an exact division of time the plaintiffs were actually confined to bed alone, except for visits for necessary medical aid, treatment and attention, and intermittently thereafter. Plaintiffs retain the right to supplement this response at the completion of discovery. (c) House: Since being released from the hospital to date the Plaintiffs have been intermittently confined to home and bed. Plaintiffs retain the right to supplement this response at the completion of discovery. The Plaintiff MARIA A. RIVERA is permanently disabled. The plaintiff HELIA CASTELLANO was partially disabled for an intermittent period of time. 7. The plaintiff MARIA A. RIVERA is currently unemployed. The plaintiff HELIA CASTELLANO is employed as: to be provided; (a) her employer is: to be provided; (b) her address of employment is to be provided; (c) the plaintiff s direct supervisor is: to be provided; (d) the number of working days incapacitated is: to be provided (e) rate of pay; to be provided and (f) total loss of earnings claimed: to be provided. 7a. The plaintiffs were not students. 8. The amounts claimed as special damages are:
MARIA A. RIVERA: (a) physicians services: to be provided (b) medical supplies: to be provided; (c) hospital charges: to be provided; (d) x-ray expenses to be provided; (e) nurse s services -included within medical and hospital services; (f) loss of earnings; (g) if any, to be provided. Calculation of special damages will provide at the conclusion of discovery. HELIA CASTELLANO: (a) physicians services: to be provided (b) medical supplies: to be provided; (c) hospital charges: to be provided; (d) x-ray expenses to be provided; (e ) nurse s services -included within medical and hospital services; (f) loss of earnings; (g) if any, to be provided. Calculation of special damages will provide at the conclusion of discovery. 9. The plaintiff MARIA A. RIVERA s address and date of birth is: 2999 Eighth Avenue, New York, New York; July 1, 1963. The plaintiff HELIA CASTELLANO s address and date of birth is: 5 Carmen Street, Waterbury, CT 06706; December 2, 1980. Plaintiffs social security numbers are private, protected and privileged from disclosure. See Meyerson v. Prime Realty Services, 7 Misc.3d 911; 796 N.Y.S.2d 848 (Sup. NY, 2005). 10. The directions of travel of the parties at the time of the occurrence was: east. 11. Loss of services, society and consortium are not claimed for either plaintiff. 12. Upon information and belief, a dangerous and/or defective condition did not cause or contribute to the occurrence alleged in the complaint. However, plaintiff reserves their right to supplement and/or amend this response up until the time of trial. 13. Actual notice of any dangerous and/or defective condition is not claimed herein. 14. Constructive notice of any dangerous and/or defective condition is not claimed herein.
15. The collateral source for medical payments was GEICO. 16. Upon information and belief, all of the above injuries are serious injuries within the scope, definition and meaning of Section 5102(d) of the Insurance Law, except for those of a transitory nature. It will be claimed that the plaintiffs have sustained serious injury as defined by the Insurance Law of the State of New York in that the plaintiffs sustained injuries involving a permanent loss of use of a body organ, member, significant limitation of use of a body function or system, as well as an injury or impairment preventing plaintiffs from performing substantially all of the material acts constituting the plaintiffs usual and daily activities for a period in excess of 90 days. 17. To be provided. 18. A claim for personal or real property is not being claimed. 19. The amounts of any purported lien(s) or lawful lien(s) against plaintiff s recovery is: MARIA A. RIVERA - $50,000. Upon information and belief, the plaintiff HELIA CASTELLANO does not have any purported or lawful liens. 20. Not applicable. 21. As to paragraphs 26 and 58 of the Complaint: The defendants were negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicle and the defendants were otherwise negligent, careless and reckless under the circumstances then and there prevailing in that the defendant s employee, agent and/or servant who was driving the defendant s vehicle left the scene of the accident after causing the accident and fleeing the scene of the accident.
PLEASE TAKE NOTICE that plaintiffs reserve the right to supplement and/or amend this Bill of Particulars until the time of trial of this action. Dated: New York, New York February 1, 2016 Yours, etc., VANDAMME LAW FIRM, P.C. By: Hendrick Vandamme Hendrick Vandamme, Esq. Hollis Vandamme, Esq. Attorneys for Plaintiffs MARIA A. RIVERA and HELIA CASTELLANO 149 Madison Avenue, 11 th Floor New York, New York 10016 (212) 641-0613 (212) 851-6916 hendrick@vandamme-law.com hollis@vandamme-law.com TO: DeSENA & SWEENEY, LLP Attorneys for Defendant(s) GRAND CENTRAL AIR CONDITIONING CORP. 1500 Lakeland Avenue Bohemia, NY 11716 (631) 360-7333 File No.: 15SF0197BX Claim No.: 32-0X81-732
VERIFICATION Hendrick Vandamme, an attorney for the plaintiffs and duly admitted to practice in the Courts of the State of New York, affirms the following statements to be true under the penalties of perjury, pursuant to CPLR 2016: I have read the Bill of Particulars and know the contents to be true except to the matters stated to be alleged on information and belief, and as to those matters, I believe them to be true. The source for this information and the ground for my belief are derived from the file maintained in the normal course of business by the attorneys for the plaintiffs. Since my firm maintains an office in New York County and the plaintiff Helia Castellano resides in the State of Connecticut County, the Bill of Particulars was affirmed by me. Dated: New York, New York February 1, 2016 Hendrick Vandamme s/hendrick Vandamme
VERIFICATION STATE OF NEW YORK ) ) SS.: COUNTY OF NEW YORK ) MARIA A. RIVERA, being duly sworn deposes and says: I am the plaintiff in the within action; that deponent has read the foregoing Bill of Particulars and know the contents thereof; that the same is true to deponent s knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. Sworn to before me this 1ST day of February, 2016 Hendrick Vandamme Notary Public HENDRICK VANDAMME Notary Public of the State of New York No.02VA6155083 Qualified in New York County My Commission Expires: October 31, 2019
Index No. 21870/2015E SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF BRONX MARIA A. RIVERA and HELIA CASTELLANO, -against- Plaintiffs, GRAND CENTRAL AIR CONDITIONING CORP. and JOHN DOE first and last name being fictitious and unknown, Defendants. VANDAMME LAW FIRM, P.C. Attorneys for Plaintiff 149 Madison Avenue, 11 th Floor New York, New York 10016 (212) 641-0613 (212) 851-6916 Verified Bill of Particulars Pursuant to 22NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. HENDRICK VANDAMME, ESQ. NOTICE OF ENTRY that the within is a (certified) true copy of an order duly entered in the office of the clerk of the within-named Court on NOTICE OF SETTLEMENT Hendrick Vandamme that an order, of which the within is a true copy, will be presented for settlement to the HON. one of the judges of the within-named Court, at on the day of, 20, at A.M.