December 30, 2013 •
Bicycle Accident (Non-motor Vehicle)
Golf Cart Hits Pothole
Case: Edward DiCamillo v. County of Nassau
Judge: Burton S. Joseph
PLAINTIFFS ATTORNEYS: Gary Silverstein; Rosenberg, Minc, Falkoff and Wolff, LLP., ; Manhattan New York, for Edward DiCamillo
Alvin Ubell P.E. Engineering; Brooklyn, NY
Dr. Paul Kleinman; Orthopedic Surgery
Demonstrative Evidence: photographs of the accident site; x-ray; model of the leg.
Attorney: Christopher L. Grayson; Mineola, NY , for County of Nassau, Deputy County Attorney
Plaintiff, a 35-year-old Teamster Forman employed by A & G management, and was a passenger in a golf cart being operated by a co-worker in the parking lot of the Nassau Coliseum in Uniondale. S., as it is the managing company for the Coliseum; plaintiff was working at the time of the accident. The car struck a pothole, and plaintiff was ejected and dragged 5 feet before being pinned underneath the rear wheels. Defendant contended that it had no notice of the condition and had no duty to inspect. They claim that the driver of the cart was negligent, and that plaintiff failed to hold on to the card handles in a safe manner.
Defendant contended that plaintiff made a substantial recovery and was able to return to work.
Injury: fractured femoral head of requiring open reduction internal fixation. (Two surgeries); non-displaced fracture of the right distal tibia; fractured first and second metatarsals of the right foot, requiring open reduction and internal fixation. Plaintiff was hospitalized for 17 days and underwent three months of physical therapy. He was out of work for 5 ½ months as a result of the accident.