Bronx Auto Accident Case Settled One Year Later for Six Figures – March 2016

Martin + Colin, P.C. announces a settlement for a passenger who suffered personal injuries during a car accident on Baychester Avenue in The Bronx.  The car crash victim, a Bronx resident, was the front seat passenger in the automobile.  Our experienced car accident lawyers were hired within weeks of the crash.  We immediately set out to protect the injured passenger’s rights and obtain for him the financial compensation he deserved.  Today, we are pleased to report that, within one year of the accident, we were able to secure a six figure settlement for our client.

Car Accident FactsCar Accident at Intersection

One night in August 2015, our client was a passenger in a vehicle traveling northbound on Baychester Avenue at or near the intersection of Givan Avenue.  The other driver crossed over the double yellow line and collided head on with the vehicle in which our client was a passenger.  The airbags deployed.

Physical Injury and Medical Treatment Facts

Our injured client went directly from the accident scene to Jacobi Medical Center by ambulance.  His chief complaints at the hospital were pain in his neck, lower back and chest.  A chest x-ray and EKG were performed at hospital, which showed no significant abnormalities.

Our injured client was discharged with a prescription for Motrin.  He was instructed to follow up with his primary care physician if his pain was not improving or if he experienced an increase in symptoms.

Orthopedic Facts

As our injured client experienced persistent pain, he consulted with an orthopedic surgeon.  His chief complaints were:  1) aching, decreased range of motion, numbness and tingling, pain, spasms, stiffness, weakness of the neck radiating to his right arm; 2) aching, decreased range of motion, pain, spasms, weakness of the low back radiating down the right thigh; and 3) aching, clicking, decreased range or motion, pain, stiffness, swelling of the right knee radiating up the right thigh.

The orthopedic surgeon diagnosed cervical and lumbar strain and radiculopathy, recommended modification of activities, heat treatment for the neck, back and knee, and an MRI of the right knee.

MRI Imaging FactsCar Accident Objective Testing

Our injured client had an MRI of his right knee performed and went for a follow up visit with the orthopedic surgeon to discuss the results.  The MRI revealed a tear of the posterior horn of the medial meniscus and medial retinacular sprain.  The orthopedic surgeon scheduled our injured client for right knee arthroscopic surgery.

Orthopedic Surgery Facts

The right knee arthroscopic surgery was performed at Saint Joseph’s Medical Center in Yonkers, New York.  The orthopedic surgeon performed a synovectomy and chondroplasty of the medial femoral condyle.  The surgeon’s post-operative diagnoses were: tear of the medial meniscus – partial – right, tear of the lateral meniscus – partial – right, synovitis-right, and chondromalacia medial femoral condyle-right.

Physical Recovery Facts

Our injured client followed up with the surgeon following the orthopedic procedure and began physical therapy.  Although his knee recovered from the car accident, the client continued to complain of pain to his neck and back with radiating symptoms.

Liability Summary

Here, our client, an injured passenger, was able to establish his prima facie entitlement to judgment as a matter of law on the issue of liability by submitting evidence showing that the defendant – driver violated Vehicle and Traffic Law § 1120 and 1128 by failing to exercise due care, failing to remain on the right side of the roadway, and failing to take adequate precautions to avoid colliding with the vehicle in which our client was a passenger.

Damages SummaryCar Accident with Soft Tissue Injury

Our client was transported to the hospital by ambulance from the scene of the accident.  Within six months he underwent surgery to his right knee and attended physical therapy to regain the use of his knee.  In addition, he continued to treat for severe pain in his neck and back.

Our client never fully recovered from the accident.  In addition, he treated continuously from the date of the accident.

Jury Appeal

To properly value a claim, it is essential to assess the amount of jury appeal our injured client would possess if the case goes to trial.  In this case, our injured client was a likeable person who would have great jury appeal, especially to a Bronx jury.  He was, after all, a mere passenger in the vehicle and therefore was completely free of fault in the happening of the car accident.  Our experienced personal injury attorneys estimated the full amount of our client’s damages, should the case proceed to trial, was in excess of $650,000.00 by the time of trial.  It was our contention that he suffered greatly, and would continue to suffer, as a result of the defendant’s careless driving.

Settlement

Based on the above, it was our position that our injured client was entitled to substantial money damages for his pain and suffering, which continue to the present day.  The defendant’s commercial vehicle carried several million dollars of insurance covering this type of accident.  Consequently, the offending vehicle’s third-party claims adjuster was interested in a prompt resolution of this claim.

Our injured client desired a fast settlement of the claim and instructed the injury lawyers at Martin + Colin, P.C. to obtain the best result possible very quickly.  Our client preferred his money in hand as soon as possible.  Within one year of the accident, we were able to settle the case to the satisfaction of the client.

Call us now at (914) 771 7711 and let us apply our expertise to your case.Car Accident Law Firm Helpful Staff

Refinance of $5 Million Commercial Building Completed – April 2016

Martin + Colin, P.C. announces the successful refinance of a $5 Million commercial building in the Bronx, New York.  The building is a classic commercial building containing, among other tenants: a laundromat, a pharmacy, a variety (5&10) store, a chinese restaurant, a jewelry store, a bakery and a check-cashing location.  The owner sought refinancing to provide more flexibility in operations.  The experienced real estate lawyers at Martin + Colin, P.C. were able to assist the owner in bringing the refinancing to a successful closing.

Among other important provisions, the real estate closing attorneys at Martin + Colin, P.C. successfully negotiated a clause permitting the future assignment of the mortgage.  Here’s the valuable clause:

  • Assignment of Mortgage. Upon Borrower’s written request, Lender shall permit an assignment of this Mortgage upon repayment of the Loan in full in accordance with the terms of the Note provided that the Borrower pays Lender an assignment fee of 0.25% of the Loan Amount in furtherance of the assignment at the time of assignment.

What is the significance?  Well, here’s the explanation.  Unlike home loans, commercial loans often last only five years.  During the loan period, the borrower usually pays interest only.  Thus, at the end of the five year loan period, the buyer will still owe $5 Million.  The borrower will need to find another bank to lend him $5 Million for another five year loan period.  When the borrower identifies that new lender, the closing is scheduled.  Immediately after closing on the new loan, the new lender will want to record the new mortgage.  The recording tax on that new mortgage could add $140,000 to the borrower’s closing costs.  However, because we negotiated the “Assignment of Mortgage” clause into the loan documents, the cost to the borrower to record the next mortgage for the next five year loan will be more like $12,500 rather than $140,000.  That’s a big savings.

The experienced real estate lawyers at Martin + Colin, P.C. can apply their expertise and help you with your real estate transaction.  Call us at (914) 771 7711.

Settlement for Yonkers Bicyclist Injured in Car Crash – March 2016

The experienced injury lawyers at Martin + Colin, P.C. announce a settlement for a City of Yonkers, Westchester County, resident injured in September 2014 when the bicycle he was riding was struck by a car on Nepperhan Avenue in the City of Yonkers.  The car was at an intersection making a turn when it struck our client.

The impact knocked our client off his bicycle onto the hood of the car and then knocked him onto the pavement.

Our client the bicyclist was taken by ambulance from the car accident location to Westchester Medical Center. After release from the emergency room, he continued to experience left side pain and left leg pain.  The bicyclist followed up with an orthopedist and received physical therapy for his injuries.

The experienced car accident attorneys in our firm faced several challenges in this case. One challenge was that, although the bicyclist was traveling in a crosswalk, the bicyclist was traveling on the wrong side of the street.  The car driver had good reason not to expect a bicyclist traveling on the wrong side of the street.  Thus, establishing the car driver’s liability for the accident was not clear cut.

The experienced accident lawyers at Martin + Colin, P.C. applied their combined expertise handling similar car crash cases and, at our client’s request, successfully convinced the other driver’s insurance company that a settlement was better than an unfavorable jury verdict.

In addition, our client preferred the certainty of settlement rather than the risk of trial, and during settlement negotiations, we were able to settle the case to the satisfaction of the client.

The injury attorneys at Martin + Colin, P.C., headquartered in White Plains, handle accident claims, negligence and personal injury cases. If you have been hurt in an accident due to the negligence of another person or firm, Martin + Colin, P.C. may be able to help.  Please call (914) 771 7711 or email using the ‘Contact Us’ form on this webpage

Call us now at (914) 771 7711 and let us apply our expertise to your case.

Emotional Distress Injuries

Injuries and accidents can occur to most of us, as none can have the guarantee that these problems will pass us by. What effects can an accident or injury have on our lives? Unfortunately, it can be far more serious than you might imagine.

Imagine yourself as a healthy individual with a family and a job. You have both responsibilities and activities that you do for enjoyment. You work hard at your job, you support your family, you go out with them, you exercise and you stay active. This is your normal lifestyle, which might entail different things – trips, exercise, walks, going out with friends, being able to work, etc.

However, at any point this may change for the worse. We all may be the victim in a car accident or a workplace accident, getting injuries in a situation we are not responsible for. What are the actual effects that an injury can have? Well, the extent may vary, however, we can consider some different possible effects.

  • Significant lifestyle changes

An injury can mean a complete change in your lifestyle. You may have to stop exercise and cut down on your physical activity, since you may not be able to walk for a long time or make a significant physical effort. You may have to have difficulties doing things you used to do (e.g., taking a bike to work, walking to the store, carrying things around) and, if the damage is more severe, you might have difficulties with daily things, like shopping, cooking and others. Sometimes, the injury or accident can prevent you from continuing to do your job as before.

  • Grief

A grieving process can occur when there is a significant change in your life. This is especially true if the injuries have caused you to stop doing things that were important to you or led to you losing hopes, opportunities and aspiration for the future. All these things can lead to a grieving process that can be quite long and difficult to manage. Grieving can involve deep feelings of sadness and anger and appear as a process with features that are similar to depression. A grieving process can last for a while.

  • Depression

Depression may be experienced due to difficulties adjusting to the changes and to all the things that become off-limits to you. Many individuals may become more isolated and struggle with feelings of helplessness and guilt over the situation, especially if their ability to work and provide for their family has been in some way affected.

  • Anxiety

An individual may experience significantly higher and limiting levels of anxiety. Anxiety may occur out of fear of experiencing another injury or due to a person’s fear of being unable to handle different situations in their new condition. Many individuals may choose not to leave their homes alone or to hardly go outside.

  • Post-traumatic Stress Disorder

If the accident was severe enough to make the person fear for their life or has affected their physical integrity, individuals may develop PTSD. This disorder involves flashbacks, high degrees of anxiety, avoidance of situations and ideas reminiscent of the traumatic situations, as well as difficulties moving on and having hopes for the future. Emotions become mostly negative and there are difficulties in interpersonal relationships.

  • Relationship Problems

A significant change in a person’s life can affect their closest relationships as well. It’s possible that the relationships will be affected negatively in many cases, because if the injury is significant, the individual may not be able to do the things they used to do or to be as involved with their family as before. Depression, anxiety and other emotional issues can also change the individual’s outlook and way to interact with others.

  • Family troubles

Many view the family as a system, in which every person’s situation affects the situations of the other members. A serious injury or accident can have a serious impact on the lives of the spouse or the children of the person who had the accident. They also might feel depressed, anxious and to experience limited opportunities, as well as an increased amount of pressure. For example, a child might feel worried about their parent’s situation, afraid that the parent will die and pressured to not share the child’s own problems or to become independent at an early age, when they still need support, which can hurt their development.

  • Pain and health complications

Many injuries lead to chronic pain that can not always be adequately managed by medication. Other injuries may lead to different side effects in the body that can occur over the long run. For instance, an injury might heal, but increase the likelihood of future trauma. A forced period of inactivity combined with medication might lead to problems due to side effects of the medicines and to problems due to the lack of exercise, like weight gain or lack of energy.  All these effects can make it difficult for the person to go on normally about their daily life.

  • Financial and material losses

Although financial losses may be less significant than emotional and health issues, they still need to be considered.  Financial losses may be linked to high hospital bills, paying for rehabilitation, therapy and other procedures that can be needed to recover. If the individual who had the accident was also the main provider for the family, the family may also end up in debt or losing property in order to pay for the medical care and for their daily expenses. If the person is not able to continue their job, the family can also feel a significant change in their quality of life.

In general, an accident or serious injury can lead to many problematic effects that involve an individual’s emotions, mental health, interpersonal relationships and financial state. It can also affect other family members and the family as a whole. It can lead to loss of opportunities, expectations and even dreams, and, if the injury is serious enough, it can limit the person’s activities in their family life, prevent them from working like they used to and stop them from achieving their goals. A serious injury can force the individual to give up hobbies or to limit daily activities, even simple ones like walking.

In sum, an accident can severely change an individual’s life well beyond the observable physical injuries.  There can also be substantial psychological damage that results in a significant loss of enjoyment of life.

 

The injury lawyers at Martin Colin, P.C., headquartered in White Plains, New York, handle accident claims, negligence and personal injury cases.  If you have been hurt in an accident due to the negligence of another person, our attorneys may be able to help.

Please call (914) 771 7711 or email using the ‘Contact Us’ form on this page.

 

Deposition of the Driver in Car Accident Case – Sample

October 2015:  This post is a demonstration of our transparency in the way we operate our business.2014 GreatLawyers Building

A transcript of a sample automobile accident deposition.  This case arises out of a car accident. The defendant was backing up into a parking spot when he backed his car into the plaintiff, who was walking across the street.

 

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF WESTCHESTER

—————————————x

ALAN MANSFIELD,

Plaintiff,

   – against –

 VICTOR J. NUSSBAUM,

  Defendant.

—————————————x

 

                                 August 2, 2011 – 10:15 a.m.

                Examination Before Trial of VICTOR NUSSBAUM, the

                Defendant herein, taken pursuant to court order,

                and held at the offices of Kevin P. Roman, 50 Main

                Street, Suite 1195, White Plains, New York, before

                Randi Rizzo, a Court Reporter and Notary Public of

                the State of New York.

 

A P P E A R A N C E S :

MARTIN & COLIN, P.C.

 Attorneys for the Plaintiff

44 Church Street

White Plains, New York 10601

 BY:   WILLIAM MARTIN, ESQ.

LAW OFFICES OF KEVIN P. ROMAN

Attorneys for the Defendant

55 Mamaroneck Avenue, Suite 1195

 White Plains, New York 10606

 BY:   SOPHIA L. CRUZ, ESQ.

                                OOo

                                                                  3

        1               IT IS HEREBY STIPULATED AND AGREED by and

        2       between counsel for the respective parties hereto

        3       that all rights provided by the C.P.L.R., including

        4       the right to object to any question, except as to

        5       form, or to move to strike any testimony at this

        6       examination are reserved, and in addition, the

        7       failure to object to any question or to move to

        8       strike testimony at this examination shall not be a

        9       bar or waiver to make such motion at and is

       10       reserved for the trial of this action.

       11               IT IS FURTHER STIPULATED AND AGREED that

       12       this examination may be sworn to by the witness

       13       being examined before a Notary Public other than

       14       the Notary Public before whom this examination was

       15       begun; but failure to do so or to return the

       16       original of this examination to counsel shall not

       17       be deemed a waiver of the rights provided by Rules

       18       3ll6 and 3ll7 of the C.P.L.R., and shall be

       19       controlled thereby.

       20               IT IS FURTHER STIPULATED AND AGREED that

       21       the sealing and filing of the original of this

       22       examination shall be and the same are hereby

       23       waived.

       24

                             VICTOR NUSSBAUM                    4

        1

        2                       VICTOR NUSSBAUM,

        3                   having first been duly sworn by the

        4                   Notary Public (Randi Rizzo), and

        5                   stating his address as 6 Sonoma

        6                   Road, Cortlandt Manor, New York

        7                   10566, was examined and testified

        8                   as follows:

        9

       10

       11       EXAMINATION BY

       12       MR. MARTIN:

       13              Q.   Good morning, Mr. Nussbaum.  My name

       14       is Bill Martin.  I need to ask you some questions

       15       involving an accident that occurred on June 30,

       16       2010.  If there are any questions that you don’t

       17       understand, please — or if you don’t hear, please

       18       tell me, okay, and I’ll ask the question again or

       19       I’ll rephrase the question.

       20              A.   Okay.

       21              Q.   Thank you very much.  If you need a

       22       break for any reason, we’ll accommodate you in that

       23       regard too, just tell me.

       24              A.   Okay.

                             VICTOR NUSSBAUM                    5

        1              Q.   And if you need to — if at any time

        2       during this deposition, you should want to change

        3       an answer, an earlier answer or clarify it, or if

        4       you remember it differently, or you want to add to

        5       it, please just tell me at any time, and we’ll go

        6       back to that.

        7              A.   Okay.

        8              Q.   What is your name, please?

        9              A.   Victor Nussbaum.

       10              Q.   And what is your address?

       11              A.   6 Sonoma Road, Cortlandt Manor, New

       12       York 10566.

       13              Q.   How long have you lived at 6 Sonoma

       14       Road?

       15              A.   About two years.

       16              Q.   Where did you live immediately prior to

       17       that?

       18              A.   Croton-on-Hudson.

       19              Q.   What street address?

       20              A.   15 Louis Lane.

       21              Q.   L-E-W —

       22              A.   L-O-U-I-S.

       23              Q.   Approximately how long did you live

       24       there?

                             VICTOR NUSSBAUM                    6

        1              A.   About ten years.

        2              Q.   Is there an apartment number at 6

        3       Sonoma Road?

        4              A.   No.

        5              Q.   Was there an apartment number at 15

        6       Louis Lane?

        7              A.   No.

        8              Q.   Who do you live with at 6 Sonoma Road?

        9              A.   My family.

       10              Q.   Could I have their names and ages,

       11       please?

       12              A.   Jennifer, 43, and Nikita, 2.

       13              Q.   Anyone else?

       14              A.   No.

       15              Q.   What is your date of birth?

       16              A.   January 1, 1949.

       17              Q.   What is your Social Security number?

       18                   MS. CRUZ:  That’s objected to.

       19              Q.   What is your Social Security?

       20                   MS. CRUZ:  No, he is not going to answer

       21       that.

       22                   MR. MARTIN:  So you’re objecting and

       23       you’re instructing him not to answer?

       24                   MS. CRUZ:  Yes, I’m objecting and

                             VICTOR NUSSBAUM                    7

        1       instructing him not to answer.

        2                   MR. MARTIN:  Mark that for a ruling.

        3

        4       RULING REQUESTED:

        5

        6              Q.   Are you currently employed?

        7              A.   Yes.

        8              Q.   Where are you employed?

        9              A.   Mount Vernon, New York.

       10              Q.   By whom are you employed?

       11              A.   I’m self-employed.

       12              Q.   What is it that you do?

       13              A.   I’m a geologist.

       14              Q.   Do you do business under a corporate

       15       name?

       16              A.   No.

       17              Q.   On June 30, 2010, were you employed?

       18              A.   Yes.

       19              Q.   Same employment?

       20              A.   Yes.

       21              Q.   Where did you work immediately prior to

       22       being self-employed?

       23              A.   I worked in the Bronx.

       24              Q.   For whom?

                             VICTOR NUSSBAUM                    8

        1              A.   Con Edison.

        2              Q.   How long did you work for Con Edison?

        3              A.   24 years.

        4              Q.   What was your last title or position

        5       there?

        6              A.   General Manager.

        7              Q.   In what department?

        8              A.   Energy Services.

        9              Q.   What was the reason for the termination

       10       of the employment?

       11                   MS. CRUZ:  Well, I think I gave you

       12       enough leeway by this time, you know.  Don’t you

       13       think you should go to medial matters?  It’s very

       14       irrelevant and intrusive, becoming unduly

       15       intrusive.

       16                   MR. MARTIN:  Are you instructing him

       17       not to answer the question?

       18                   MS. CRUZ:  You can answer over my

       19       objection, if you wish.

       20              A.   I decided to go into business for

       21       myself.

       22              Q.   Are you currently a licensed driver?

       23              A.   Yes.

       24              Q.   Is it a New York State driver’s

                             VICTOR NUSSBAUM                    9

        1       license?

        2              A.   Yes.

        3              Q.   How long have you had a New York State

        4       driver’s license?

        5              A.   32 years.

        6              Q.   Have you had a New York State driver’s

        7       license continuously during those 32 years?

        8              A.   No.

        9              Q.   For what period of time did you not

       10       have a New York State driver’s license?

       11              A.   Five or six years.

       12              Q.   Approximately when?

       13              A.   1975 to 1980, approximately.

       14              Q.   During those approximate years, did you

       15       have a driver’s license issued by another state?

       16              A.   Yes.

       17              Q.   What state?

       18              A.   New Jersey.

       19              Q.   On June 30, 2010, were you driving —

       20       was your driver’s license valid?

       21              A.   Yes.

       22              Q.   Were there any restrictions on it?

       23              A.   Corrective lenses.

       24              Q.   Any other restrictions on it?

                             VICTOR NUSSBAUM                   10

        1              A.   No.

        2              Q.   Were you involved in an automobile

        3       accident on June 30, 2010?

        4              A.   Yes.

        5              Q.   Approximately what time?

        6              A.   About 4:30 in the afternoon.

        7              Q.   Where did the accident take place?

        8              A.   In Mount Vernon.

        9              Q.   Where about in Mount Vernon?

       10                   MS. CRUZ:  You’re asking for the street?

       11              Q.   Street address.

       12              A.   South Street, I don’t know the number.

       13              Q.   What car were you driving?

       14              A.   My Subaru.

       15              Q.   What year was it?

       16              A.   2010.

       17              Q.   Do you still have it?

       18              A.   Yes.

       19              Q.   Who was in the car with you?

       20              A.   No one.

       21              Q.   Where were you coming from?

       22              A.   Work.

       23              Q.   Where were you working that day?

       24              A.   I had my business.

                             VICTOR NUSSBAUM                   11

        1              Q.   I’m sorry?

        2              A.   I had my business.

        3              Q.   What was the street location?

        4              A.   Columbus Street, North Columbus Street.

        5              Q.   Mount Vernon?

        6              A.   Yes.

        7              Q.   What number on North Columbus?

        8              A.   1000.

        9              Q.   Had you proceeded directly from 1000

       10       Columbus Avenue to South Street?

       11              A.   Yes.

       12              Q.   Did you make any stops along the way?

       13              A.   Not that I recall.

       14              Q.   Where were you going on South Street?

       15              A.   To the post office.

       16              Q.   For what purpose?

       17              A.   Mail a package.

       18              Q.   What street were you on immediately

       19       prior to getting onto South Street?

       20                   MS. CRUZ:  Are you asking what route he

       21       took in order to get to —

       22              A.   I don’t know the name of the street.

       23       It runs perpendicular to South.

       24              Q.   How many blocks was it from the scene

                             VICTOR NUSSBAUM                   12

        1       of the accident?

        2              A.   Two.

        3              Q.   What was the highest rate of speed you

        4       achieved in your vehicle on South Street?

        5              A.   I don’t recall.

        6              Q.   Did you at any time bring your car to a

        7       stop on South Street?

        8              A.   Yes.

        9              Q.   When was that — I’m sorry, withdrawn.

       10                   Where was that?

       11              A.   In front of the post office.

       12              Q.   In the street?

       13              A.   Yes.

       14              Q.   In a parking spot?

       15              A.   Not yet.

       16              Q.   Beside a parking spot?

       17                   MS. CRUZ:  Objection.  I don’t

       18       understand what you mean.

       19              Q.   Where were you in front of the post

       20       office when you brought your car to a stop?

       21              A.   I don’t understand the question.

       22              Q.   Did there come a time that you had your

       23       vehicle in front of the post office?

       24              A.   Yes.

                             VICTOR NUSSBAUM                   13

        1              Q.   What happened?

        2              A.   I backed into a parking spot.

        3              Q.   What happened immediately after that?

        4              A.   Apparently, I hit Mr. Mansfield.

        5              Q.   When did you first see Mr. Mansfield?

        6              A.   When he yelled and banged on the car.

        7              Q.   What did he yell?

        8              A.   I don’t recall.

        9              Q.   Where on the car did he bang?

       10              A.   My right rear side.

       11              Q.   How did he bang?

       12              A.   With his hand.

       13              Q.   As you backed your car into the parking

       14       spot, did you observe a vehicle behind your car?

       15              A.   Yes.

       16              Q.   What vehicle was that?

       17              A.   It was a brown vehicle.

       18              Q.   Car, truck, something else?

       19              A.   Car.

       20              Q.   What was the make and model?

       21              A.   I don’t recall.

       22              Q.   When you were backing up into the

       23       parking spot, did you observe any pedestrians

       24       anywhere?

                             VICTOR NUSSBAUM                   14

        1              A.   No.

        2              Q.   When you were backing up your car,

        3       where were you looking?

        4              A.   Left mirror.

        5              Q.   Where were your hands?

        6              A.   On the steering wheel.

        7              Q.   Where were your feet?

        8              A.   On the floor.

        9                   MS. CRUZ:  You asked about both feet?

       10              Q.   Both feet?

       11              A.   Both on the floor.

       12              Q.   From the moment that you first started

       13       moving your vehicle in reverse until the moment

       14       that you apparently hit Mr. Mansfield, did you stop

       15       your vehicle at any time?

       16                   MS. CRUZ:  I’m objecting as to form.

       17       You can answer.

       18              A.   Would you repeat the question?

       19              Q.   At any time from when you first started

       20       backing up your car into the parking spot until the

       21       moment that you apparently hit Mr. Mansfield, did

       22       you at any time stop your vehicle?

       23              A.   No.

       24              Q.   After you realized that Mr. Mansfield

                             VICTOR NUSSBAUM                   15

        1       was yelling and banging, what’s the next thing that

        2       you did?

        3                   MS. CRUZ:  Well, objection as to form.

        4       He didn’t realize that Mr. Mansfield was doing that,

        5       he didn’t know Mr. Mansfield at that point.

        6              Q.   Do you understand the question?

        7                   MS. CRUZ:  I’ll allow him to answer.

        8       Can you read the question back, please?

        9

       10                   (Whereupon, the record was read

       11                   back.)

       12

       13              A.   When I heard someone yelling and

       14       banging, I pulled forward.

       15              Q.   And what’s the next thing you did after

       16       you pulled forward?

       17              A.   Got out of the car.

       18              Q.   What’s the next thing you did after

       19       that?

       20              A.   I went to the back of the car.

       21              Q.   And?

       22              A.   To see what happened.

       23              Q.   What if anything did you observe when

       24       you got to the back of the car?

                             VICTOR NUSSBAUM                   16

        1              A.   There was a man sitting on the street.

        2              Q.   And what’s the next thing that

        3       happened?

        4              A.   I asked him if he was okay.

        5              Q.   And what’s the next thing that

        6       happened?

        7              A.   He said that he had hurt his knee.

        8              Q.   And did you say or do anything after he

        9       said that?

       10              A.   I asked him if he wanted to go to a

       11       hospital.

       12              Q.   And what if any response did he give

       13       you?

       14              A.   Eventually, he said yes.

       15              Q.   What’s the next thing that happened?

       16              A.   He asked me to help him into my car.

       17              Q.   Did you do that?

       18              A.   Yes.

       19              Q.   What’s the next thing that happened

       20       after that?

       21              A.   He asked me to close the windows to his

       22       car and take his keys.

       23              Q.   Did you do that?

       24              A.   Yes.

                             VICTOR NUSSBAUM                   17

        1              Q.   What’s the next thing that happened

        2       after that?

        3              A.   We drove to the hospital.

        4              Q.   What hospital?

        5              A.   Mount Vernon Hospital.

        6              Q.   In the Subaru?

        7              A.   Yes.

        8              Q.   You drove?

        9              A.   Yes.

       10              Q.   Mr. Mansfield was in the vehicle, where?

       11              A.   In the front seat, next to me.

       12              Q.   Did you go directly to the hospital?

       13              A.   Yes.

       14              Q.   Did you remain there?

       15              A.   Yes.

       16              Q.   For how long?

       17              A.   Until he was released.

       18              Q.   After he was released, you left?

       19              A.   No.

       20              Q.   After he was released, what happened?

       21              A.   I took him back to his car.

       22              Q.   Was his car in the same location as you

       23       last saw it?

       24              A.   Yes.

                             VICTOR NUSSBAUM                   18

        1              Q.   What did you do when you got to his

        2       car?

        3              A.   Gave him his keys.

        4              Q.   What’s the next thing that happened?

        5              A.   He drove home.

        6              Q.   What did you do?

        7              A.   I drove home.

        8              Q.   Did you ever have any conversation with

        9       Mr. Mansfield prior to the moment that you saw him

       10       sitting on the curb?

       11              A.   No.

       12              Q.   Did you ever see him or have any

       13      contact with him in any way?

       14              A.   No.

       15              Q.   Have you had —

       16                   MR. MARTIN:  Off the record.

       17

       18                   (Whereupon, a brief recess was

       19                   taken by all parties.)

       20

       21              Q.   Have you had any conversations with him

       22       after he drove home?

       23              A.   No.

       24              Q.   Have you ever had any contact with him

                             VICTOR NUSSBAUM                   19

        1       in any way?

        2              A.   No.

        3              Q.   In addition to what you’ve already told

        4       me, did you have any other conversations with

        5       Mr. Mansfield on June 30, 2010?

        6              A.   Yes.

        7              Q.   What was the substance — how many

        8       conversations?

        9              A.   One lengthy conversation.

       10              Q.   In addition to what you’ve already told

       11       me, would you tell me the substance of that

       12       conversation, please?

       13              A.   We talked about work, about

       14       girlfriends, just —

       15              Q.   Anything else, sir?

       16              A.   No.

       17              Q.   What day of the week was the accident?

       18              A.   I believe it was a Friday.

       19              Q.   What were the weather conditions like

       20       at the time of the accident?

       21              A.   Sunny, clear.

       22              Q.   And what were the conditions of the

       23       surface of the road at the time of the accident?

       24                   MS. CRUZ:  The surface of the road, what

                             VICTOR NUSSBAUM                   20

        1       do you mean?

        2                   MR. MARTIN:  Ice, snow, rain, rocks,

        3       oil.

        4              A.   Dry.

        5              Q.   In the 24 hours prior to the accident,

        6       did you take any medication of any kind?

        7              A.   Yes.

        8              Q.   What kind?

        9              A.   Five milligrams of Prinivil.

       10              Q.   How is that spelled?

       11              A.   P-R-I-N-I-V-I-L.

       12              Q.   Any other medications?

       13              A.   No.

       14              Q.   When did you last take the Prinivil

       15       prior to the accident?

       16              A.   That morning.

       17              Q.   Was that prescribed by a doctor?

       18              A.   Yes.

       19              Q.   Did you take any other medication in

       20       the 24 hours prior to the accident?

       21              A.   No.

       22              Q.   From the time that you left your office

       23       until the moment of the accident, approximately how

       24       long were you in your vehicle?

                             VICTOR NUSSBAUM                   21

        1              A.   Perhaps ten minutes.

        2              Q.   At the time of the accident, were you

        3       wearing eyeglasses?

        4              A.   Yes.

        5              Q.   Corrective lenses?

        6              A.   Yes.

        7              Q.   Was your car in good mechanical

        8       condition at the time of the accident?

        9              A.   I believe so.

       10              Q.   From the moment that you started to

       11       back up until the moment that you stopped your

       12       vehicle, did you observe any mechanical

       13       difficulties with the vehicle?

       14              A.   No.

       15              Q.   Did you attempt to apply the brake at

       16       any time while you were backing up?

       17              A.   Well, I had my foot on the brake as I’m

       18       sliding into the spot; so my foot was on the brake.

       19              Q.   Was it responding as far as you know?

       20              A.   Yes.

       21                   MS. CRUZ:  Mr. Nussbaum, in answer to

       22       another question, you said while you were backing

       23       up, your both feet were on the floor.  Now, you

       24       just told us that you had your foot on the brake as

                             VICTOR NUSSBAUM                   22

        1       you were sliding back, so can you elaborate and

        2       clarify this?

        3                   THE WITNESS:  By the floor — I mean,

        4       you need pedals to operate the vehicle, you can’t

        5       drive with your feet on the floor, I assumed you

        6       meant on either the gas or brake or whatever.

        7                   MS. CRUZ:  So while you were backing up,

        8       you’re telling us you had your foot on the brake?

        9                   THE WITNESS:  Yes, I was going very

       10       slow.

       11              Q.   At the point on South Street where the

       12       accident took place, was that a one-way or a

       13       two-way street?

       14              A.   Two way.

       15              Q.   How many lanes of moving vehicles in

       16       each direction?

       17              A.   One in each direction.

       18              Q.   How many lanes were there — was there

       19       a parking lane on either side of the street

       20              A.   Yes.

       21              Q.   At the moment just before you started

       22       reversing your vehicle into the parking space, was

       23       your vehicle faced in an easterly direction,

       24       westerly, or something else?

                             VICTOR NUSSBAUM                   23

        1              A.   It was facing west assuming South

        2       Street runs east/west, because I think that’s how

        3       it runs.

        4              Q.   Were there meters there for parking at

        5       the location where you were backing up?

        6              A.   No.

        7              Q.   Are there any pavement markings, like

        8       as to where your car should line up on the street;

        9       were the parking spaces marked off in any way?

       10              A.   No.

       11              Q.   The moment just before you started

       12       backing up to your left, was there a parked vehicle

       13       there?

       14                   MS. CRUZ:  To his left?

       15              A.   My left is the street.

       16              Q.   To your right?

       17              A.   Yes.

       18              Q.   Was there anyone in that vehicle?

       19              A.   I don’t recall.

       20              Q.   What was the make and model of that

       21       vehicle?

       22              A.   I don’t recall.

       23              Q.   Was there any construction taking place

       24       on the street or the sidewalk in the vicinity of

                             VICTOR NUSSBAUM                   24

        1       the parking spot?

        2              A.   I don’t think so.

        3                   MS. CRUZ:  What was the answer?

        4                   THE WITNESS:  I don’t think so.

        5              Q.   In the six months immediately prior to

        6       the accident, approximately how many times had you

        7       been on that section of South Street?

        8              A.   75, approximately.

        9              Q.   In the six months immediately prior to

       10       the accident, approximately how many times did you

       11       park on the street in front of the post office?

       12              A.   About 75.

       13              Q.   At any time while you were backing into

       14       the parking space, did you hear any horns blaring?

       15              A.   No.

       16              Q.   Any sirens?

       17              A.   No.

       18              Q.   Right before you started backing in the

       19       parking space, what were the traffic conditions

       20       like on South Street?

       21              A.   Could you be more specific?

       22              Q.   Sure.  As you drove approximately two

       23       blocks on South Street to the parking space, would

       24       you describe the moving traffic as light, medium,

                             VICTOR NUSSBAUM                   25

        1       heavy, or something else?

        2              A.   Medium.

        3              Q.   How far was the parking space that you

        4       were backing into from the nearest intersection?

        5              A.   Perhaps 80 feet.

        6              Q.   And what street is that?

        7              A.   I believe it’s Depew, D-E-P-E-W.

        8              Q.   Was that intersection approximately 80

        9       feet away, west of the parking spot or east of the

       10       parking spot?

       11              A.   East.

       12              Q.   So it’s fair to say then, as you were

       13       backing up, you were heading generally closer to

       14       Depew Street?

       15              A.   Yes.

       16              Q.   Are there any witnesses to the

       17       accident?

       18                   MS. CRUZ:  That he knows of?

       19              A.   Not that I know of.

       20              Q.   Did you, at any time, have any

       21       conversation with police about the accident?

       22              A.   Yes.

       23              Q.   When was the first conversation — I

       24       withdraw that.

                             VICTOR NUSSBAUM                   26

        1                   Where was the first conversation?

        2              A.   At the hospital.

        3              Q.   And who did you have that conversation

        4       with?

        5              A.   First one was with a state trooper.

        6              Q.   And can you tell me the substance of

        7       that conversation, please?

        8              A.   He said it wasn’t in his jurisdiction,

        9       so we didn’t have much of a chance to talk about

       10       anything.

       11              Q.   Where was your next conversation with a

       12       police officer or officers about this accident?

       13              A.   At the hospital.

       14              Q.   And who was that conversation with?

       15              A.   It was a Mount Vernon policeman.

       16              Q.   What was the substance of that

       17       conversation?

       18              A.   He asked us what happened, and we told

       19       him.

       20              Q.   What did you tell him?

       21              A.   That was I pulling into a spot, and I

       22       hit Mr. Mansfield.

       23              Q.   Did an ambulance arrive at the scene on

       24       South Street?

                             VICTOR NUSSBAUM                   27

        1              A.   No.

        2              Q.   Did anyone call an ambulance?

        3              A.   Not that I know of.

        4              Q.   Did you have any conversation about an

        5       ambulance?

        6              A.   No.

        7                   MS. CRUZ:  Off the record.

        8

        9                   (Whereupon, a discussion was held

       10       off the record.)

       11

       12              Q.   The car that you were operating on

       13       South Street at the time of the accident, who was

       14       that car registered to?

       15              A.   I’m not sure if it was my wife or me.

       16       It’s a lease.

       17              Q.   One or the other?

       18              A.   Yes.

       19              Q.   At the time of the accident, was it

       20       insured?

       21              A.   Yes.

       22              Q.   By Allstate or someone else?

       23              A.   Allstate.

       24              Q.   If it was registered to your wife, did

                             VICTOR NUSSBAUM                   28

        1       she give you any indication that you weren’t

        2       authorized to use it that day?

        3              A.   No.

        4                   MR. MARTIN:  I have nothing else.

        5       Thank you.

        6

        7

        8                   (Time noted:  10:50 a.m.)

        9

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                             VICTOR NUSSBAUM                   29

        1

                STATE OF NEW YORK      )

        2                              ss:

                COUNTY OF              )

        3

        4

        5              I, VICTOR NUSSBAUM,  hereby certify

        6       that I have read the pages of the foregoing

        7       testimony of this deposition and hereby certify it

        8       to be a true and correct record.

        9

       10                              oOo

       11

       12                              ______________________

       13                              VICTOR NUSSBAUM

       14

       15

       16

       17       Sworn to before me this

       18       ____day of ______, 2011.

       19

       20       _______________________

       21              Notary Public

       22

       23

       24

                             VICTOR NUSSBAUM                   30

        1       EXAMINATION BY

        2       MR. MARTIN:……………………………. 4:11

        3

        4       RULING REQUESTED:……………………….. 7:4

        5

        6

        7

        8

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                             VICTOR NUSSBAUM                   31

        1                     C E R T I F I C A T I O N

        2

        3       STATE OF NEW YORK       )

                                        )   ss.

        4       COUNTY OF BRONX         )

        5                    I, RANDI RIZZO, Court Reporter and

        6       Notary Public within and for the County of

        7       Westchester, State of New York, do hereby certify:

        8                    That I reported the proceedings that

        9       are hereinbefore set forth, and that such

       10       transcript is a true and accurate record of said

       11       proceedings.

       12                    AND, I further certify that I am not

       13       related to any of the parties to this action by

       14       blood or marriage, and that I am in no way

       15       interested in the outcome of this matter.

       16

       17                    IN WITNESS WHEREOF, I have hereunto

       18       set my hand.

       19

       20

                                    Randi Rizzo

       21                           Court Reporter

       22

       23

       24

The injury lawyers at Martin Colin, P.C., headquartered in White Plains, New York, handle accident claims, negligence and personal injury cases.  If you have been hurt in an accident due to the negligence of another person, our attorneys may be able to help.

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