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FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
---------------------------------------------------------------------Ç
MATTHEW QUIROZ,
Index No.: 151727/2023
Plaintiff,
VERIFIED BILL
OF PARTICULARS
-against-
THE CITY OF NEW YORK, THE NEW YORK
CITY POLICE DEPARTMENT, and JOHN DOES
OFFICERS'
(POLICE NAMES BEING UNKNOWN),
Defendants.
---------------------------------________.---______------------------Ç
Plaintiff, in response to the Demand for a Verified Bill of Particulars by defendant THE CITY OF
NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT dated October 1762, 2023,
so states:
l. The occurrence took place on October 23, 2022 at approximately 10:55 P.M.
2. The occurrence took place on Bond Street at the intersection of Jewett Ave, County of
Richmond, City and State of New York.
3. As a result of the occurrence the plaintiff MATTHEW QUIROZ sustained the following
injuries:
LUMBAR MEDIAL BRANCH BLOCKS NERVE BLOCK INJECTION AT
LEFT and L5 DORSAL RAMUS FOR LEFT FACET JOINTS L3-
L2, L3, L4,
L4, L4-5, L5-S1 WITH FLUOROSCOPY;
AP VIEW OF SPINE OBTAINED WITH FLUOROSCOPY;
TRIGGER POINT INJECTION-PARA LUMBAR WITH ULTRASOUND
GUIDANCE FOR NEEDLE PLACEMENT;
INJECTIONS, SINGLE OR MULTIPLE TRIGGERS POINTS, 1 or 2
MUSCLES;
3.5"
USE OF A 22 GAUGE SPINAL NEEDLE
1.5"
USE OF A 22 GAUGE NEEDLE WITH 1ML OF 1% LIDOCAINE;
1 CC OF A MIX OF PF 1% LIDOCAINE AND DEXAMETHASONE 4MG
PRESERVATIVE FREE MIXTURE INJECTED AT EACH NERVE;
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ADMINISTATION OF ANESTHESIA;
USE OF OXYGEN;
USE OF 2MG OF VERSED (INTRAVENOUS):
USE OF 200MG OF FENTANYL (INTRAVENOUS):
USE OF 500ML OF SODIUM CHLORIDE;
USE OF 60 MG VIAL IM;
USE OF 600 MG OF IBUPROFEN;
USE OF 60 MG OF KETOROLAC TROMETHAMINE;
HEAD CONCUSSION WITH LOSS OF CONSCIOUSNESS;
PELVC REGION SOMATIC DYSFUNCTION;
LUMBAR SP1NE SPRAIN;
CERVICAL SPINE SPRAIN;
THORACIC SPINE SPRAIN;
LUMBOSACRAL SPRAIN;
KNEE JOINT SPRAIN;
KNEE CONTUSION;
LUMBAR SPINE STRAIN;
CERVICAL SPINE STRAIN;
THORACIC SPINE STRAIN;
LUMBOSACRAL STRAIN;
CERVICAL DISC HERNIATION;
CYSTIC AREA POSTERIORLY LIKELY REPRESENTING ARACHNOID
CYSTS;
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PANNICULITIS AFFECTING REGIONS OF NECK AND BACK, SACRAL
AND SACROCOCCYGEAL REGION;
LUMBAR FACET SYNDROME;
RADICULOPATHY, LUMBAR REGION;
CERVICAL RADICULOPATHY;
MUSCLE STRENGTH DECREASE OF BILATERAL UPPER AND LOWER
EXTREMETIES;
DECREASED CERVICAL LORDOSIS;
DECREASED THORACIC KYPHOSIS;
DECREASED LUMBAR LORDOSIS;
MUSCLE SPASM, BOGGINESS, AND MULTIPLE TENDER POINTS
NOTED OVER THE RIGHT TRAPEZIUS;
MUSCLE SPASM, BOGGINESS, AND MULTIPLE TENDER POINTS
NOTED OVER THE CERVICAL PARASPINAL AT C1, C2, C3, C4, C5, C6,
C7;
MUSCLE SPASM, BOGGINESS, AND MULTIPLE TENDER POINTS
NOTED OVER THE STERNOCLEIDOM ASTOID RIGHT AND LEFT
MUSCLES;
MUSCLE SPASM, BOGG1NESS, AND MULTIPLE TENDER POINTS
NOTED OVER THE ILIOPSOAS THE RIGHT AND LEFT MUSCLES;
MUSCLE SPASM, BOGGINESS, AND MULTIPLE TENDER POINTS
NOTED ON ERECTOR SPINAE, QUADRATUS LUMBORUM;
MUSCLE SPASM AND TENDERNESS OF RIGHT QUADRATUS
LUMBORUM;
MUSCLE SPASM AND TENDERNESS OF LEFT AND RIGHT EXTERNAL
OBLIQUE;
MUSCLE SPASM AND TENDERNESS OF LEFT AND RIGHT ERECTOR
SPINAE;
MUSCLE SPASM OF LEFT AND RIGHT GLUTEUS MEDIUS AND
TENDERNESS OF RIGHT GLUTEUS MEDIUS;
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MUSCLE SPASM AND TENDERNESS OF RIGHT PIRIFORMIS;
MUSCLE SPASM AND TENDERNESS OF RIGHT HAMSTRING;
MUSCLE SPASM OF LEFT AND RIGHT TENSOR FASCIA LATAE AND
TENDERNESS OF RIGHT TENSOR FASCIA LATAE;
MUSCLE SPASM AND TENDERNESS OF LEFT AND RIGHT
LUMBOSACRAL PARASPINALS;
ACTIVE AND PASSIVE RANGE OF MOTION SEVERELY RESTRICTED
ON FLEXION, EXTENSION, ROTATION, AND LATERAL BENDING;
SPURLING TEST POSITIVE;
BRAGGARD'S TEST POSITIVE;
ADAM'S TEST POSITIVE;
KEMP'S TEST POSTITIVE;
LASEGUE'S TEST (STRAIGHT LEG RAISING TEST) POSITIVE
BILATERALLY;
HEEL/TOE WALKING TEST POSITIVE;
NACHLAS TEST POSTITVE;
SACROILLIAC JOINT TESTS;
YEOMAN'S TEST POSITIVE;
FABER TEST POSITIVE;
FORWARD HEAD CARRIAGE;
CRANIOCERVICAL EXTENSION;
THORACIC KYPHOSIS;
LUMBOSACRAL LORDOSIS;
SACRAL NUTATION;
EXTERNAL ROTATION OF LEFT RIB;
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INTERNAL ROTATION OF RIGHT RIB;
ANTALGIC GAIT;
PLAINTIFF REQUIRED EXTENSIVE AND INTENSIVE REGIMEN OF
PHYSICAL THERAPY;
SEVERE SWELLING;
MYALGIA;
MYOFASCIAL PAIN;
SEVERE MIDDLE AND LOWER BACK PAIN WITH RADIATION TO THE
RIGHT BUTTOCK AND BOTH LOWER EXTREMITIES;
SEVERE THORACOLUMBAR SPINE PAIN;
SEVERE NECK PAIN;
SEVERE PAIN ASSOCIATED WITH PERIODIC WEAKNESS, NUMBNESS
SENSATIONS AT PERIODIC PARESTHESIA IN THE RIGHT LOWER
EXTREMITY AND TOES;
NECK STIFFNESS;
BACK STIFFNESS;
TENDERNESS PRESENT AT LEVEL AT T1-T10, Ll, L2, L3, L4, L5;
TENDERNESS PRESENT AT THE SACRAL PROMONTORY AT LEVEL L5-
S1;
TENDERNESS PRESENT AT THE POSTERIOR ASPECT OF COCCYX;
HEADACHES;
POST TRAUMATIC STRESS;
POST TRAUMATIC ANXIETY;
DEPRESSION;
DIFFICULTY SLEEPING;
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CONSCIOUS PAIN AND SUFFERING;
PLAINTIFF IS UNABLE TO PARTICIPATE IN HER USUAL DAILY
ACTIVITIES;
EMOTIONAL DISTRESS AS A RESULT OF THE OCCURRENCE;
MENTAL ANGUISH AS A RESULT OF THE OCCURRENCE;
PLAINTIFF REQUIRED MEDICAL CARE AND ATTENTION;
FUTURE MEDICAL CARE AND ATTENTION IS ANTICIPATED;
PLAINTIFF MAY REQUIRE FUTURE SURGICAL INTERVENTION;
PLAINTIFFS'
ALL OF THE INJURIES, UPON INFORMATION AND BELIEF, ARE
FURTHER ASSOCIATED WITH SOFT TISSUE INJURIES TO THE AREAS
TRAUMATICALLY AFFECTED, TO INCLUDINGMUSCLES, DAMAGE THE
LIGAMENTS, TENDONS, BLOOD SUPPLY AND NERVE TISSUE WITH
PERMANENT EFFECTS OF PAIN, DISABILITY, STIFFNESS, DISCOMFORT, LOSS
OF MOTION AND INTERFERENCE WITH NORMAL USAGE AND MOVEMENT
OF THOSE AREAS TRAUMATICALLY AFFECTED.
- Associated limitations of
pain, disabilities, discomforts, impairments, impediments,
functions and activities.
- In order to negate needless plaintiff incorporates reference the hospital
duplication, by
records and physicians reports to be served in conjunction with the Medical Exchange Rules
insofar as the contents thereof are admissible upon evidence at the Trial herein.
- Plaintiff will adduce upon the Trial herein and proof in conjunction with all of
testimony
the injuries, conditions, manifestations, sequelae and residuals which were caused or
contributed by this occurrence and which will be permanent to the extent medically ascertainable
at the time of Trial, and plaintiff reserves the right to adduce proof with respect thereto at the time
of Trial.
4. All of the above injuries are permanent in nature.
5. (a) Plaintiff was confined to the hospital on October 28th, 2023;
(b) Plaintiff was confined to bed for approximately one week and a half (1 ½) after the
accident, with the exception of visits to medical doctors;
(c) Plaintiff was confined to home for approximately one week and a half (1 ½) after the
accident, with the exception of visits to medical doctors.
6. As result of the occurrence, plaintiff MATTHEW QUIROZ sustained the following other
expenses to date:
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Physicians'
(a) services: Approximately $100,000.00 and continuing;
(b) Nurses services: See response to 6a above;
(c) Hospital expenses: See response to 6a above;
(d) Drugs and medical supplies: Approximately $1,000.00 and continuing;
(e) X-rays and diagnostic tests: Approximately $10,000.00 and continuing;
Plaintiff MATTHEW QUIROZ was treated at the following facilities:
(a) Ambulatory Surgery Center of Rockaway Beach: 105-20 Rockaway Beach
Blvd Suite 400, Rockaway Park, New York 11694
(b) Richmond University Medical Center: 355 Bard Avenue, Staten Island,
New York 10310
(c) City Wide Health Facility, Inc.: 105 Kings Highway, Brooklyn, New York
11214/ 6817 Bay Pkwy, Brooklyn, New York 11204
(d) S & R Medical PC: 1115 Ocean Parkway, Brooklyn, New York 11230
(e) MES Solutions: 1393 Veterans Memorial Hwy #110N, Hauppauge, New
York 11788
(f) HAAR Orthopedics & Sports Medicine, P.C.: 1735 York Avenue Suite P1,
New York, New York 10128
(g) Saint Joseph's Physical Therapy, P.C.: 1440 Forest Avenue #8, Staten
Island, New York 10302
(h) Logic Chiropractic PC: 399 Lake Ave, Staten Island, New York 10303
7. (a-f) See response to paragraph 6 above and further special damages will be provided.
8. (a) Plaintiff is employed as an auto mechanic with the NYPD and as a technician for
158th
Dana Ford and Lincoln at 669 W St, New York, New York 10032 and 266 W
Service Rd Ste A, Staten Island, New York 10314.
(b) Plaintiff was totally disabled from work from the date of accident until two (2) weeks
after;
(c) Plaintiff was partially disabled from the date of the accident and plaintiff continues to
be partially disabled from work;
(d) Plaintiff is claiming lost earnings of approximately $3000.00 and continuing from
Dana Ford and Lincoln.
(e) See response to paragraph (b) above.
9. Not applicable.
10. Plaintiff MATTHEW QUIROZ resides at 60 Dehart Ave Apt 2, Staten Island, New York
10303.
11. Not applicable.
12. Plaintiff MATTHEW QUIROZ Date of Birth: XX/XX/1996
Plaintiff MATTHEW QUIROZ Social Security Number: XXX-XX-6235
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13. (a-b) Not applicable.
14. (a-c) Not applicable.
15. Not applicable.
16. Not applicable.
17. Not applicable.
18. Plaintiff MATTHEW QUIROZ sustained serious injuries as defined by section 5102 of
the Insurance Law of the State of New York including but not limited to, significant
disfigurement; a fracture; permanent loss of a use of a body organ, member, function or
system; permanent consequential limitation of a use of a body organ of member;
significant limitation of use of a body function or system; of a medically determined
injury or impairment of a non-permanent nature which will prevent plaintiff from
performing substantially all of the material acts which constitute plaintiff's usual and
customary daily activities for not less that ninety days during the one hundred eighty days
immediately following the occurrence.
19. (a-g) To be provided.
20. Plaintiff was caused to be struck by vehicle being pursued by defendant THE NEW
OFFICERS'
YORK CITY POLICE DEPARTMENT AND JOHN DOES (POLICE
NAMES BEING UNKNOWN) and see ¶ 21 below.
21. The defendants, including its agents, servants, and employees were negligent, careless,
and reckless in the ownership, operation, maintenance, and control of said vehicle; in
their reckless disregard for the safety of other; in the negligent hiring, supervision, and
retention of THE CITY OF NEW YORK and THE NEW YORK CITY POLICE
DEPARTMENT's agents, servants, and/or employees; defendant had actual knowledge of
its agents, servants, and/or employees propensity for improper application and
administration of police services; defendant had constructive knowledge; defendant knew
or should have known it had the ability to control its agents, servants, and/or employees,
and the necessity and opportunity for exercising such control; defendant engaged in
tortious conduct by improperly pursuing the vehicle which crashed into plaintiff;
defendant created the condition in question that caused plaintiff's injuries; in placing
agents, servants, and/or employees of the defendant in a position to cause foreseeable
harm; in failing to perform proper background checks on agents, servants, and/or
employees; in failing to have properly licensed agents, servants, and/or employees
performing police activity and services; in failing to provide safety training to THE CITY
OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT agents,
servants, and/or employees; in failing to keep a proper lookout; in failing to take proper
precautions as per applicable codes, rules, and regulations; in failing to exercise ordinary
care; in hiring inexperienced agents, servants, and/or employees to engage in police
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activity and services; in failing to properly pursue a motor vehicle; in failing to have
properly operating equipment; in violating internal safety procedures; in performing their
duties in disregard of known and obvious risks; in failing to obey the Vehicle and Traffic
Law; in failing to adhere to internal rules and regulations; in failing to see what there is to
see; in failing to obey the traffic control devices; in failing to have proper equipment; in
failing to use the proper equipment; in failing to properly maintain the defective
equipment; in failing to properly operate the vehicle; in acting with conscious
indifference to public safety; in violating THE NEW YORK CITY POLICE
DEPARTMENT rules/regulations; in failing to follow patrol guide vehicle pursuit
methods; in failing to properly observe the vehicle before the pursuit; in failing to ponder
the necessity of commencing and/or continuing a vehicle pursuit; in failing to notify the
radio dispatcher; in failing to provide the radio dispatcher with pertinent information; in
failing to properly monitor the pursuit; in failing to direct and control the pursuit; in
failing to request additional units to aid in the pursuit; in failing to terminate the pursuit;
in failing to properly train NYPD operators; in failing to maintain and/or repair the
vehicle in question; in violating a special duty owed to the claimant; in operating vehicle
with gross negligence; and in all other ways operating said vehicle negligently, carelessly,
and recklessly.
22. See response to paragraph 21 above.
23. THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT
OFFICERS'
(NYPD), and JOHN DOES (POLICE NAMES BEING UNKNOWN).
24. See response to paragraph 21 above.
25. Not applicable.
26. Not applicable.
27. Actual and constructive notice are claimed. The defendants created the condition
complained of.
28. Actual notice was given to THE CITY OF NEW YORK and THE NEW YORK CITY
POLICE DEPARTMENT (NYPD). Actual notice is claimed in that the defendants hired
and retained the individual police officers in question that were negligent, careless, and
reckless in the use and operation of their vehicles and in their response to the occurrence
in question. The person(s) to whom actual notice was given is information more
particularly within the knowledge of the defendants, and plaintiff has no further
information until after discovery has been had.
29. Constructive notice is claimed in that defendants had constructive notice in that upon
information and belief said propensities for the acts in question of the NYPD officers
existed for an unreasonably long period of time before the incident and would have been
easily discoverable by the defendants upon reasonable inspection, defendants should have
known about such condition, defendants had received notice of the propensities and
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failed to make repair, and plaintiff has no further information until after discovery has
been had.
30. Not applicable.
31. Not applicable.
32. The defendants violated the following portions of the Vehicle and Traffic Law Sections
375(1), 375(2), 375(2(b) and (c), 375(10(a), 375(10)(b), 375(10)(c),
375(12)(a)(b)(1)(2)(3)(4), 375(12)(a-d), 375(13), 375(24-1), 375(30), 375(32), 375(34),
375(35)(a & c), 375(39), 375(40)(a & b), 375(48)(a-d), 376, 376-a, 388, 1102, 1110(a),
1111, 1112, 1113(a)(b), 1116, 1120(a-c), 1122, 1123, 1124, 1125, 1126, 1129, 1130, 1140,
1141, 1142, 1143, 1146, 1151(a)(c), 1151-a, 1160(a-e), 1161, 1162, 1163, 1164, 1172,
1173, 1180, 1181(a), 1182, 1200, 1201, 1202, 1210(a), 1211, 1212, 1225 and 1226 and
The New York City Traffic Rules and Regulations, sections 21, 50 & 60. The defendants
violated PG 217-01 titled Vehicle Collisions-General Procedure of the NYPD Patrol
Guide, PG 217-02 titled Vehicle Collisions Which Result in Death, Serious Injury and
Likely to Die, or Critical Injury, PG 217-04 titled Accidents and Collisions, and PG 221-
15 titled Vehicle Pursuits
33. Not applicable.
34. Not applicable.
35. Not applicable.
36. Not applicable.
37. Not applicable.
38. Not applicable.
39. Not applicable.
40. Not applicable.
41. Not applicable.
42. Not applicable.
43. Not applicable.
44-90. Not applicable.
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Plaintiff reserves the right to supplement these responses as information becomes available to
plaintiff.
DATED: New York, New York
November 27, 2023
Yours, etc.
CRAIG D VlD WIT .C.
Attorney for Plaintiff .
MATTHEW QUIROZ
Office and P.O. Address
450 Seventh Ave., Suite 2702
New York, NY 10123
(212) 378-2051
TO: SYLVIA HINDS-RADIX
Corporation Counsel
Attorney for Defendants
THE CITY OF NEW YORK, THE
NEW YORK CITY POLICE DEPARTMENT
100 Church St.
New York, NY 10007
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ATTORNEY'S VERIFICATION
The undersigned, an attorney admitted to practice in the Courts of the State of New York, affirms
under the penalties
Preview
FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ---------------------------------------------------------------------Ç MATTHEW QUIROZ, Index No.: 151727/2023 Plaintiff, VERIFIED BILL OF PARTICULARS -against- THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT, and JOHN DOES OFFICERS' (POLICE NAMES BEING UNKNOWN), Defendants. ---------------------------------________.---______------------------Ç Plaintiff, in response to the Demand for a Verified Bill of Particulars by defendant THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT dated October 1762, 2023, so states: l. The occurrence took place on October 23, 2022 at approximately 10:55 P.M. 2. The occurrence took place on Bond Street at the intersection of Jewett Ave, County of Richmond, City and State of New York. 3. As a result of the occurrence the plaintiff MATTHEW QUIROZ sustained the following injuries: LUMBAR MEDIAL BRANCH BLOCKS NERVE BLOCK INJECTION AT LEFT and L5 DORSAL RAMUS FOR LEFT FACET JOINTS L3- L2, L3, L4, L4, L4-5, L5-S1 WITH FLUOROSCOPY; AP VIEW OF SPINE OBTAINED WITH FLUOROSCOPY; TRIGGER POINT INJECTION-PARA LUMBAR WITH ULTRASOUND GUIDANCE FOR NEEDLE PLACEMENT; INJECTIONS, SINGLE OR MULTIPLE TRIGGERS POINTS, 1 or 2 MUSCLES; 3.5" USE OF A 22 GAUGE SPINAL NEEDLE 1.5" USE OF A 22 GAUGE NEEDLE WITH 1ML OF 1% LIDOCAINE; 1 CC OF A MIX OF PF 1% LIDOCAINE AND DEXAMETHASONE 4MG PRESERVATIVE FREE MIXTURE INJECTED AT EACH NERVE; 1 of 21 FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023 ADMINISTATION OF ANESTHESIA; USE OF OXYGEN; USE OF 2MG OF VERSED (INTRAVENOUS): USE OF 200MG OF FENTANYL (INTRAVENOUS): USE OF 500ML OF SODIUM CHLORIDE; USE OF 60 MG VIAL IM; USE OF 600 MG OF IBUPROFEN; USE OF 60 MG OF KETOROLAC TROMETHAMINE; HEAD CONCUSSION WITH LOSS OF CONSCIOUSNESS; PELVC REGION SOMATIC DYSFUNCTION; LUMBAR SP1NE SPRAIN; CERVICAL SPINE SPRAIN; THORACIC SPINE SPRAIN; LUMBOSACRAL SPRAIN; KNEE JOINT SPRAIN; KNEE CONTUSION; LUMBAR SPINE STRAIN; CERVICAL SPINE STRAIN; THORACIC SPINE STRAIN; LUMBOSACRAL STRAIN; CERVICAL DISC HERNIATION; CYSTIC AREA POSTERIORLY LIKELY REPRESENTING ARACHNOID CYSTS; 2 of 21 FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023 PANNICULITIS AFFECTING REGIONS OF NECK AND BACK, SACRAL AND SACROCOCCYGEAL REGION; LUMBAR FACET SYNDROME; RADICULOPATHY, LUMBAR REGION; CERVICAL RADICULOPATHY; MUSCLE STRENGTH DECREASE OF BILATERAL UPPER AND LOWER EXTREMETIES; DECREASED CERVICAL LORDOSIS; DECREASED THORACIC KYPHOSIS; DECREASED LUMBAR LORDOSIS; MUSCLE SPASM, BOGGINESS, AND MULTIPLE TENDER POINTS NOTED OVER THE RIGHT TRAPEZIUS; MUSCLE SPASM, BOGGINESS, AND MULTIPLE TENDER POINTS NOTED OVER THE CERVICAL PARASPINAL AT C1, C2, C3, C4, C5, C6, C7; MUSCLE SPASM, BOGGINESS, AND MULTIPLE TENDER POINTS NOTED OVER THE STERNOCLEIDOM ASTOID RIGHT AND LEFT MUSCLES; MUSCLE SPASM, BOGG1NESS, AND MULTIPLE TENDER POINTS NOTED OVER THE ILIOPSOAS THE RIGHT AND LEFT MUSCLES; MUSCLE SPASM, BOGGINESS, AND MULTIPLE TENDER POINTS NOTED ON ERECTOR SPINAE, QUADRATUS LUMBORUM; MUSCLE SPASM AND TENDERNESS OF RIGHT QUADRATUS LUMBORUM; MUSCLE SPASM AND TENDERNESS OF LEFT AND RIGHT EXTERNAL OBLIQUE; MUSCLE SPASM AND TENDERNESS OF LEFT AND RIGHT ERECTOR SPINAE; MUSCLE SPASM OF LEFT AND RIGHT GLUTEUS MEDIUS AND TENDERNESS OF RIGHT GLUTEUS MEDIUS; 3 of 21 FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023 MUSCLE SPASM AND TENDERNESS OF RIGHT PIRIFORMIS; MUSCLE SPASM AND TENDERNESS OF RIGHT HAMSTRING; MUSCLE SPASM OF LEFT AND RIGHT TENSOR FASCIA LATAE AND TENDERNESS OF RIGHT TENSOR FASCIA LATAE; MUSCLE SPASM AND TENDERNESS OF LEFT AND RIGHT LUMBOSACRAL PARASPINALS; ACTIVE AND PASSIVE RANGE OF MOTION SEVERELY RESTRICTED ON FLEXION, EXTENSION, ROTATION, AND LATERAL BENDING; SPURLING TEST POSITIVE; BRAGGARD'S TEST POSITIVE; ADAM'S TEST POSITIVE; KEMP'S TEST POSTITIVE; LASEGUE'S TEST (STRAIGHT LEG RAISING TEST) POSITIVE BILATERALLY; HEEL/TOE WALKING TEST POSITIVE; NACHLAS TEST POSTITVE; SACROILLIAC JOINT TESTS; YEOMAN'S TEST POSITIVE; FABER TEST POSITIVE; FORWARD HEAD CARRIAGE; CRANIOCERVICAL EXTENSION; THORACIC KYPHOSIS; LUMBOSACRAL LORDOSIS; SACRAL NUTATION; EXTERNAL ROTATION OF LEFT RIB; 4 of 21 FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023 INTERNAL ROTATION OF RIGHT RIB; ANTALGIC GAIT; PLAINTIFF REQUIRED EXTENSIVE AND INTENSIVE REGIMEN OF PHYSICAL THERAPY; SEVERE SWELLING; MYALGIA; MYOFASCIAL PAIN; SEVERE MIDDLE AND LOWER BACK PAIN WITH RADIATION TO THE RIGHT BUTTOCK AND BOTH LOWER EXTREMITIES; SEVERE THORACOLUMBAR SPINE PAIN; SEVERE NECK PAIN; SEVERE PAIN ASSOCIATED WITH PERIODIC WEAKNESS, NUMBNESS SENSATIONS AT PERIODIC PARESTHESIA IN THE RIGHT LOWER EXTREMITY AND TOES; NECK STIFFNESS; BACK STIFFNESS; TENDERNESS PRESENT AT LEVEL AT T1-T10, Ll, L2, L3, L4, L5; TENDERNESS PRESENT AT THE SACRAL PROMONTORY AT LEVEL L5- S1; TENDERNESS PRESENT AT THE POSTERIOR ASPECT OF COCCYX; HEADACHES; POST TRAUMATIC STRESS; POST TRAUMATIC ANXIETY; DEPRESSION; DIFFICULTY SLEEPING; 5 of 21 FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023 CONSCIOUS PAIN AND SUFFERING; PLAINTIFF IS UNABLE TO PARTICIPATE IN HER USUAL DAILY ACTIVITIES; EMOTIONAL DISTRESS AS A RESULT OF THE OCCURRENCE; MENTAL ANGUISH AS A RESULT OF THE OCCURRENCE; PLAINTIFF REQUIRED MEDICAL CARE AND ATTENTION; FUTURE MEDICAL CARE AND ATTENTION IS ANTICIPATED; PLAINTIFF MAY REQUIRE FUTURE SURGICAL INTERVENTION; PLAINTIFFS' ALL OF THE INJURIES, UPON INFORMATION AND BELIEF, ARE FURTHER ASSOCIATED WITH SOFT TISSUE INJURIES TO THE AREAS TRAUMATICALLY AFFECTED, TO INCLUDINGMUSCLES, DAMAGE THE LIGAMENTS, TENDONS, BLOOD SUPPLY AND NERVE TISSUE WITH PERMANENT EFFECTS OF PAIN, DISABILITY, STIFFNESS, DISCOMFORT, LOSS OF MOTION AND INTERFERENCE WITH NORMAL USAGE AND MOVEMENT OF THOSE AREAS TRAUMATICALLY AFFECTED. - Associated limitations of pain, disabilities, discomforts, impairments, impediments, functions and activities. - In order to negate needless plaintiff incorporates reference the hospital duplication, by records and physicians reports to be served in conjunction with the Medical Exchange Rules insofar as the contents thereof are admissible upon evidence at the Trial herein. - Plaintiff will adduce upon the Trial herein and proof in conjunction with all of testimony the injuries, conditions, manifestations, sequelae and residuals which were caused or contributed by this occurrence and which will be permanent to the extent medically ascertainable at the time of Trial, and plaintiff reserves the right to adduce proof with respect thereto at the time of Trial. 4. All of the above injuries are permanent in nature. 5. (a) Plaintiff was confined to the hospital on October 28th, 2023; (b) Plaintiff was confined to bed for approximately one week and a half (1 ½) after the accident, with the exception of visits to medical doctors; (c) Plaintiff was confined to home for approximately one week and a half (1 ½) after the accident, with the exception of visits to medical doctors. 6. As result of the occurrence, plaintiff MATTHEW QUIROZ sustained the following other expenses to date: 6 of 21 FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023 Physicians' (a) services: Approximately $100,000.00 and continuing; (b) Nurses services: See response to 6a above; (c) Hospital expenses: See response to 6a above; (d) Drugs and medical supplies: Approximately $1,000.00 and continuing; (e) X-rays and diagnostic tests: Approximately $10,000.00 and continuing; Plaintiff MATTHEW QUIROZ was treated at the following facilities: (a) Ambulatory Surgery Center of Rockaway Beach: 105-20 Rockaway Beach Blvd Suite 400, Rockaway Park, New York 11694 (b) Richmond University Medical Center: 355 Bard Avenue, Staten Island, New York 10310 (c) City Wide Health Facility, Inc.: 105 Kings Highway, Brooklyn, New York 11214/ 6817 Bay Pkwy, Brooklyn, New York 11204 (d) S & R Medical PC: 1115 Ocean Parkway, Brooklyn, New York 11230 (e) MES Solutions: 1393 Veterans Memorial Hwy #110N, Hauppauge, New York 11788 (f) HAAR Orthopedics & Sports Medicine, P.C.: 1735 York Avenue Suite P1, New York, New York 10128 (g) Saint Joseph's Physical Therapy, P.C.: 1440 Forest Avenue #8, Staten Island, New York 10302 (h) Logic Chiropractic PC: 399 Lake Ave, Staten Island, New York 10303 7. (a-f) See response to paragraph 6 above and further special damages will be provided. 8. (a) Plaintiff is employed as an auto mechanic with the NYPD and as a technician for 158th Dana Ford and Lincoln at 669 W St, New York, New York 10032 and 266 W Service Rd Ste A, Staten Island, New York 10314. (b) Plaintiff was totally disabled from work from the date of accident until two (2) weeks after; (c) Plaintiff was partially disabled from the date of the accident and plaintiff continues to be partially disabled from work; (d) Plaintiff is claiming lost earnings of approximately $3000.00 and continuing from Dana Ford and Lincoln. (e) See response to paragraph (b) above. 9. Not applicable. 10. Plaintiff MATTHEW QUIROZ resides at 60 Dehart Ave Apt 2, Staten Island, New York 10303. 11. Not applicable. 12. Plaintiff MATTHEW QUIROZ Date of Birth: XX/XX/1996 Plaintiff MATTHEW QUIROZ Social Security Number: XXX-XX-6235 7 of 21 FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023 13. (a-b) Not applicable. 14. (a-c) Not applicable. 15. Not applicable. 16. Not applicable. 17. Not applicable. 18. Plaintiff MATTHEW QUIROZ sustained serious injuries as defined by section 5102 of the Insurance Law of the State of New York including but not limited to, significant disfigurement; a fracture; permanent loss of a use of a body organ, member, function or system; permanent consequential limitation of a use of a body organ of member; significant limitation of use of a body function or system; of a medically determined injury or impairment of a non-permanent nature which will prevent plaintiff from performing substantially all of the material acts which constitute plaintiff's usual and customary daily activities for not less that ninety days during the one hundred eighty days immediately following the occurrence. 19. (a-g) To be provided. 20. Plaintiff was caused to be struck by vehicle being pursued by defendant THE NEW OFFICERS' YORK CITY POLICE DEPARTMENT AND JOHN DOES (POLICE NAMES BEING UNKNOWN) and see ¶ 21 below. 21. The defendants, including its agents, servants, and employees were negligent, careless, and reckless in the ownership, operation, maintenance, and control of said vehicle; in their reckless disregard for the safety of other; in the negligent hiring, supervision, and retention of THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT's agents, servants, and/or employees; defendant had actual knowledge of its agents, servants, and/or employees propensity for improper application and administration of police services; defendant had constructive knowledge; defendant knew or should have known it had the ability to control its agents, servants, and/or employees, and the necessity and opportunity for exercising such control; defendant engaged in tortious conduct by improperly pursuing the vehicle which crashed into plaintiff; defendant created the condition in question that caused plaintiff's injuries; in placing agents, servants, and/or employees of the defendant in a position to cause foreseeable harm; in failing to perform proper background checks on agents, servants, and/or employees; in failing to have properly licensed agents, servants, and/or employees performing police activity and services; in failing to provide safety training to THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT agents, servants, and/or employees; in failing to keep a proper lookout; in failing to take proper precautions as per applicable codes, rules, and regulations; in failing to exercise ordinary care; in hiring inexperienced agents, servants, and/or employees to engage in police 8 of 21 FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023 activity and services; in failing to properly pursue a motor vehicle; in failing to have properly operating equipment; in violating internal safety procedures; in performing their duties in disregard of known and obvious risks; in failing to obey the Vehicle and Traffic Law; in failing to adhere to internal rules and regulations; in failing to see what there is to see; in failing to obey the traffic control devices; in failing to have proper equipment; in failing to use the proper equipment; in failing to properly maintain the defective equipment; in failing to properly operate the vehicle; in acting with conscious indifference to public safety; in violating THE NEW YORK CITY POLICE DEPARTMENT rules/regulations; in failing to follow patrol guide vehicle pursuit methods; in failing to properly observe the vehicle before the pursuit; in failing to ponder the necessity of commencing and/or continuing a vehicle pursuit; in failing to notify the radio dispatcher; in failing to provide the radio dispatcher with pertinent information; in failing to properly monitor the pursuit; in failing to direct and control the pursuit; in failing to request additional units to aid in the pursuit; in failing to terminate the pursuit; in failing to properly train NYPD operators; in failing to maintain and/or repair the vehicle in question; in violating a special duty owed to the claimant; in operating vehicle with gross negligence; and in all other ways operating said vehicle negligently, carelessly, and recklessly. 22. See response to paragraph 21 above. 23. THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT OFFICERS' (NYPD), and JOHN DOES (POLICE NAMES BEING UNKNOWN). 24. See response to paragraph 21 above. 25. Not applicable. 26. Not applicable. 27. Actual and constructive notice are claimed. The defendants created the condition complained of. 28. Actual notice was given to THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT (NYPD). Actual notice is claimed in that the defendants hired and retained the individual police officers in question that were negligent, careless, and reckless in the use and operation of their vehicles and in their response to the occurrence in question. The person(s) to whom actual notice was given is information more particularly within the knowledge of the defendants, and plaintiff has no further information until after discovery has been had. 29. Constructive notice is claimed in that defendants had constructive notice in that upon information and belief said propensities for the acts in question of the NYPD officers existed for an unreasonably long period of time before the incident and would have been easily discoverable by the defendants upon reasonable inspection, defendants should have known about such condition, defendants had received notice of the propensities and 9 of 21 FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023 failed to make repair, and plaintiff has no further information until after discovery has been had. 30. Not applicable. 31. Not applicable. 32. The defendants violated the following portions of the Vehicle and Traffic Law Sections 375(1), 375(2), 375(2(b) and (c), 375(10(a), 375(10)(b), 375(10)(c), 375(12)(a)(b)(1)(2)(3)(4), 375(12)(a-d), 375(13), 375(24-1), 375(30), 375(32), 375(34), 375(35)(a & c), 375(39), 375(40)(a & b), 375(48)(a-d), 376, 376-a, 388, 1102, 1110(a), 1111, 1112, 1113(a)(b), 1116, 1120(a-c), 1122, 1123, 1124, 1125, 1126, 1129, 1130, 1140, 1141, 1142, 1143, 1146, 1151(a)(c), 1151-a, 1160(a-e), 1161, 1162, 1163, 1164, 1172, 1173, 1180, 1181(a), 1182, 1200, 1201, 1202, 1210(a), 1211, 1212, 1225 and 1226 and The New York City Traffic Rules and Regulations, sections 21, 50 & 60. The defendants violated PG 217-01 titled Vehicle Collisions-General Procedure of the NYPD Patrol Guide, PG 217-02 titled Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury, PG 217-04 titled Accidents and Collisions, and PG 221- 15 titled Vehicle Pursuits 33. Not applicable. 34. Not applicable. 35. Not applicable. 36. Not applicable. 37. Not applicable. 38. Not applicable. 39. Not applicable. 40. Not applicable. 41. Not applicable. 42. Not applicable. 43. Not applicable. 44-90. Not applicable. 10 of 21 FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023 Plaintiff reserves the right to supplement these responses as information becomes available to plaintiff. DATED: New York, New York November 27, 2023 Yours, etc. CRAIG D VlD WIT .C. Attorney for Plaintiff . MATTHEW QUIROZ Office and P.O. Address 450 Seventh Ave., Suite 2702 New York, NY 10123 (212) 378-2051 TO: SYLVIA HINDS-RADIX Corporation Counsel Attorney for Defendants THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT 100 Church St. New York, NY 10007 11 of 21 FILED: RICHMOND COUNTY CLERK 11/27/2023 02:58 PM INDEX NO. 151727/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/27/2023 ATTORNEY'S VERIFICATION The undersigned, an attorney admitted to practice in the Courts of the State of New York, affirms under the penalties