SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------x- â SAMANTHA EVANS, VERIFIED BILL OF -against- Plaintiff, PARTICULARS Index No. 501572/2017 ANGEL VAZQUEZ, TRACEY CRUZ, THEUS DAVIS and THE CITY OF NEW YORK, Defendants. ---------X S I R S : PLEASE TAKE NOTICE, that upon the demands of the defendants and upon information and belief, the following is the Verified Bill of Particulars of the plaintiff herein: 1. The accident complained of occurred on or about the 7d' day of July, 2016 at or about 9:00 A.M. 2, The said accident occurred at, near or about the intersection of Ft. Hamilton Parkway approximately 50 feet east of Bay Ridge Parkway in the County of Kings, City and State of New York. 3. Upon information and belief, plaintiff sustained the following personal injuries: At L2-3-4, there is disc bulging with a left foraminal herniation with borderline stenosis and narrowing of the left neural foramen and encroachment upon the left L3 nerve root within the foramen; at L4-5 there is a posterior herniation and facet and ligament hypertrophy with canal stenosis and narrowing of the entrances to the neural foramina; at L5-S1 there is a posterior herniation and facet and ligament hypertrophy with canal stenosis and crowding of both S1 nerve roots within the lateral recesses; right glenoid labral tear; partial thickness rotator cuff tear of the right shoulder, Type II SLAP tear and a displaced tear of the anterior inferior labrum. Plaintiff also sustained a Hill-Sachs deformity with subcortical edema suggesting a recent subluxation/dislocation event. Also found is a slightly flattened acromioclavicular joint as well as supraspinatus infraspinatus and subscapularis tendinitis. 1
rotator cuff tear of the right shoulder. Plaintiff was taken by conveyance to Lutheran Medical Center, 150 55* Street, Brooklyn, New York 11220. At that juncture, plaintiff complained of right shoulder and right upper arm pain. After her discharge, plaintiff began to experience back pain. Plaintiff came under the care of Orlin & Cohen Orthopedic Associates, LLP, 444 Merrick Road, Lynbrook, New York 1 1563. The aforementioned injuries were confirmed by MRIs of the areas in question, Plaintiff underwent physical therapy at One on One Physical Therapy, 4013 Avenue U, Brooklyn, New York 11234 on a 2-3 times per week basis for approximately two months. Orlin & Cohen referred her to a pain management specialist, whom plaintiff may consult should her symptoms worsen. Plaintiff has restricted movement of her right shoulder, severe lower back pains with frequent periodic spasms in her right shoulder. Plaintiff has difficulty sitting for long periods at a time without experiencing severe pain. Lifting her children sometimes causes pain. Orlin & Cohen referred her to a pain management specialist, whom plaintiff may consult should her symptoms worsen. 4. Upon information and belief, all of the aforementioned injuries will be of a permanent and lasting nature. 5. (a) It will not be claimed that plaintiff was confined to a hospital but as indicated above was treated at Lutheran Medical Center. (b) Plaintiff was confined to her bed for a period of one to two weeks, and to her home for several months. 6. Upon information and belief, plaintiff incurred the following special damages, all of which are an approximation and not set forth with exactitude: (a) Physicians' services: fair and reasonable value, $4,500.00 (b) Nursing services: included in hospital expenses. (c) Hospital expenses: approximately $350.00 (d) Drugs and medical supplies, if any: under $100.00. 2
(e) X-rays and diagnostic tests: fair and reasonable value approximately $2,000.00. MRIs were taken at Orlin & Cohen Orthopedic Associates, LLP, at the Radiology Department, 1732 Sunrise Highway, Merrick, New York 11566 on 7/25/16. 7. Other special damages, if any: to be forwarded under separate cover. 8. (a) At the time of the incident, plaintiff was a New York City Police Officer. (b) It will be claimed that plaintiff was totally disabled from working until July 20, 2016, when she returned to work on limited duty (c) Plaintiff worked on limited duty until September 8, 2016 when she returned to full duty, albeit continuing to be in pain. It is plaintiff's claim that she was physically unable to work full duty for 4-1/2 months after the accident. As a result of lost overtime opportunities, she lost overtime pay in the approximate amount of $14,000. In the event the aforementioned injuries prevent plaintiff from continuing employment in her chosen vocation, plaintiff reserves the right to supplement this Bill of Particulars with prospective economic damages for lost time and earnings in her current position, and/or loss of pension benefits as an employee of a municipal authority in the capacity of police officer, by proffering a 3101(d) from a qualified economist setting forth specific damages relating thereto. 9. Not applicable 10. New York City Police Department, 1 Police Plaza, New York, New York 10038. 11. Not applicable. 12. Date of birth and Social Security Number are declined. 13. Not applicable. 14. Not applicable. 15. Not applicable. 16. It will be claimed that plaintiff sustained a serious injury as defined in Subdivision (d) of 3
Section 5102 of the Insurance law or economic loss greater than basic economic loss, as defined in Subdivision (a) of Section 5102 of the Insurance Law in that plaintiff was rendered sick, sore, lame and disabled, was seriously and severely injured, was obliged to seek and secure hospital and medical attention and upon information and belief has sustained inter alia a personal injury which has resulted in a significant cosmetic disfigurement and the permanent loss of use of a bodily organ, member, function, system and/or a permanent or consequential limitation of the use of a bodily function or system and/or an injury which prevents the plaintiff from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety (90) days during the one hundred and eighty (180) days immediately following the occurrence of the injury or impairment and that the said injuries sustained by the plaintiff herein qualify the plaintiff pursuant to Sections 671 and 5102D of the Insurance Law of the State of New York to bring suit for injuries sustained in a motor vehicle accident and qualify such suit pursuant to the oral threshold thereunder. 17. Not applicable. 18. Not applicable. The accident occurred at the above-mentioned intersection. 19. It will be claimed that the defendants were negligent as set forth in the Complaint and as follows: That the accident complained of and the injuries sustained by the plaintiff as a direct and proximate result thereof were due solely and wholly to the negligence, carelessness and negligence of the defendants jointly and severally in that: they failed to yield the right of way to the other vehicle; failed to obey the traffic control then and there existing; operated their respective motor vehicle at a dangerous rate of speed under the circumstances then and there prevailing; failed to keep and maintain a proper lookout, thereby failing to observe what was there to be seen; failed to properly maintain and at the appropriate time apply the braking facilities of their respective motor vehicles; failed to take proper and reasonable steps to avoid the happening of the accident complained of; and failed to obey the statues, ordinances and/or rules of the road therein applicable. 20. Not applicable. 21, Theus Davis, employed by the City of New York and operating the radio motor patrol car in 4
question. 22. Not applicable. 23. Not applicable. 24. Not applicable. 25.-29. Not applicable. 30. Upon information and belief, the defendants jointly and severally violated the following statutes, ordinances, rules, auto requirement or regulation then in existence; 4-03, 4-06, 4-07 of the Traffic Regulations of the City of New York. In addition thereto, plaintiff will claim that the City-owned vehicle was being operated in reckless disregard of the safety of others. 31.-88. Not applicable. Dated: New York, New York May 3, 2017 You, et E INE GIL RT By.-Harvey A. evine Pla' Att eys for tiff 115 rtstopher S rect N Yo, York 10014 212) 645-1990 TO: ZACHARY W. CARTER, ESQ. Corporation Counsel., City of New York!00 Church Street New York, NY 10007 (212) 356-3235 5
ATTORNEY'S VERIFICATION STATE OF NEW YORK ) COUNTY OF NEW YORK ) ) ss.: HARVEY A. LEVINE, an attorney, affirms under penalties of perjury: That he is the attorney for the plaintiff in the within entitled action. That he has read the foregoing BILL OF PARTICULARS and knows the contents thereof. That the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters, he believes it to be true. That the reason this Verification is made by your affirmant and not by the plaintiff is that the plaintiff does not reside in the county where your affirmant has his office. That the sources of your affirmant's information and belief are conversations had with the plaintiff as well as records on file and in his possession. Dated: New York, New York May 3, 2017 HAR Y A. LEVINE 6
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------x -------- â SAMANTHA EVANS, AFFIRMATION OF SERVICE -against- Plaintiff, Index No. 501572/2017 ANGEL VAZQUEZ, TRACEY CRUZ, THEUS DAVIS and THE CITY OF NEW YORK, Defendants. ---------------------------------------------------------------------x STATE OF NEW YORK, COUNTY OF NEW YORK : HARVEY A. LEVINE, an attorney duly admitted to practice law before all the courts of the State of New York, hereby affirms the following under penalties of perjury: I am over 18 years of age, am not a party to this action, and reside in Nassau County, New York. On May 3, 2017, I served a true copy of the annexed VERIFIED BILL OF PARTICULARS by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee(s) as indicated below: ZACHARY W. CARTER, ESQ.!00 Church Street New York, NY 10007 Dated: New York, New York May 3, 2017
ALL STATE LEGAL 07181-BF 07182-BL -07183-GY ½7184-WH 800.222.0510 www.aslegal.com Index No 501572/2017 Year 20 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS.. SAMANTHA EVANS, Plaintiff, -against- ANGEL VAZQUEZ, TRACEY CRUZ, THEUS DAVIS and THE CITY OF NEW YORK, Defendants. VERIFIED BILL OF PARTICULARS Attorneys for LEVINE 4 GILBERT Plaintiff 115 CHRISTOPHER STREET NEW YORK, N. Y. 10014 (212) 645-1990 Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed document are not frivolous and that (2) if the annexed document is an initiating pleading, (i) the matter was not obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potential claims for personal injury or wrongful death, the matter was not obtained in violation of 22 NYCRR 1200.41-a. Dated:... signature... Print Signer's Name... Service of a copy of the within is hereby admitted. Dated:... Attorney(s) for PLEASE TAKE NOTICE that the within is a (certified) true copy of a NOTICEOF entered in the office of the clerk of the within-named Court on 20 ENTRY that an Order of which the within is a true copy will be presented for settlement to the NOTICEOF Hon., one of the judges of the within-named Court, SETTLEMENT at on 20, at M Dated: Attorneys for LEVINE & GILBERT 115 CHRISTOPHER STREET