Preview
FILED: KINGS COUNTY CLERK 02/28/2022 06:46 PM INDEX NO. 521507/2017
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------- X Index No.: 521507/2017
YVONNE ANDERSON,
Plaintiff,
VERIFIED BILL OF
-against- PARTICULARS
COURTNEY S. ROBINSON, HEART TO HEART SOCIAL
ADULT SERVICES, LLC., and ABDOURAHAMANE
DIALLO,
Defendants
---------------------------------- --------X
COUNSELORS:
Plaintiff, by her attorneys, ROSS & HILL, ESQS., as and for her Verified Bill of
Particulars, of defendant ABDOURAHAMANE DIALLO, respectfully sets forth as follows,
upon information and belief:
1. Plaintiff, Yvonne Anderson resides at 7 Hegman Avenue Brooklyn, New York
11212.
2. Plaintiffs date of birth is July 12, 1943.
3. Plaintiffs social security number is
4. The accident occurred on March 2, 2017 at approximately 8:00 AM.
5. The accident occurred at Fountain Avenue and Sutter Avenue, Brooklyn, New
York.
6. The negligence of the defendant consisted of; in failing to operate, manage
and control his motor vehicle in a proper and safe manner to avoid the collision; in failing
to properly slow, stop or decrease the speed of his motor vehicle; in failing to turn, swerve
codefendants'
or otherwise steer his motor vehicle as to avoid the collision; in striking
6/11/2018 8:04:48 AM
FILED: KINGS COUNTY CLERK 02/28/2022 06:46 PM INDEX NO. 521507/2017
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/28/2022
vehicle in the rear; in failing to observe the conditions of the roadway; in failing to observe
other vehicles on the roadway; in failing to see what was there to be seen; in failing to pay
attention to other vehicles on the roadway; in failing to remain in the proper lane; in failing
to yield to right of way; in skidding; in traveling at an excessive rate of speed; in failing to
sound the car horn; in failing to use or property use the steering mechanism in the vehicle;
in following too closely; in failing to maintain a safe distance between his vehicle and
surrounding vehicles; in failing to use or properly use the braking mechanism in the
vehicle; in failing to operate his motor vehicle with due regard to the rights and safety of
the plaintiff; in attempting to pass vehicles in an unsafe manner; in texting or otherwise
using a cellphone while driving.
7. Defendant, Abdourahamane Diallo's vehicle came in contact with the rear of
the vehicle in which plaintiff was a passenger.
8. Defendant violated Sections: 1101; 1102; 1110; 1111; 1112; 1113; 1114;
1115; 1120; 1121; 1122; 1124; 1125; 1126; 1127; 1128; 1129; 1130; 1131; 1140; 1141;
1142; 1143; 1145;1146; 1151; 1151-a; 1160; 1161; 1163; 1164; 1166; 1172; 1173; 1175;
1180; 1180-a; 1181; 1192; 1200; 1203; 1212; 1213; 1225; 1225-a; 1226 of the Vehicle and
Traffic Laws of the State of New York, along with all other applicable statutes, ordinances,
rules and regulations that the Court will take judicial notice of at the time of trial. Plaintiff
reserves her right to amend this response after depositions.
9. Not applicable.
10. Not applicable.
11. Plaintiff sustained the following injuries all of which are alleged to be
permanent in nature:
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FILED: KINGS COUNTY CLERK 02/28/2022 06:46 PM INDEX NO. 521507/2017
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/28/2022
LUMBAR SPINE
• L3/L4 disc herniation the thecal sac with bilateral neural
deforming
foraminal extension, left greater than right;
• L4/5 disc herniation the thecal sac with bilateral neural foraminal
deforming
extension, left greater than right;
• L5/S1 disc herniation the thecal sac with bilateral neural
deforming
foraminal extension;
• L2/3 disc bulge the thecal sac with bilateral neural foraminal
deforming
extension;
• Derangement;
• Radiculopathy;
CERVICAL SPINE
• C2/3 disc bulge;
• C4/5 disc bulge with right neural foraminal narrowing;
• C3/4 disc herniation the thecal sac with cord abutment and left
deforming
neural foraminal extension with central spinal stenosis;
• C5/6 disc herniation the thecal sac with cord abutment;
deforming
• C6/7 disc herniation the thecal sac and right neural foraminal
deforming
extension abutting the exiting nerve root;
• Derangement;
• Radiculopathy;
THORACIC SPINE
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FILED: KINGS COUNTY CLERK 02/28/2022 06:46 PM INDEX NO. 521507/2017
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/28/2022
• T2/3 right paracentral disc bulge;
• Derangement;
OTHER
Post- concussion syndrome.
12. Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203.
13. Plaintiff was confined to bed for approximately two (2) weeks and is
intermittently confined to her home.
14. Plaintiff was not employed at the time of her accident. Plaintiff was
incapacitated from household duties for approximately two weeks.
15. Plaintiff is claiming the following special damages:
a. Physicians services: Mid-Manhattan Medical, PC
To be provided upon receipt.
b. Medical supplies: Not applicable.
Nurses'
c. service: Not applicable.
d. Hospital expenses: Kings County Hospital
To be provided upon receipt.
"d"
e. X-rays: Please see above.
f. Chiropractors: Not applicable.
g. Physiotherapists: Not applicable.
h. Drugs and Medications: To be provided upon receipt.
i. Loss of earnings: Not applicable.
j. Other: Not applicable.
16. Not applicable.
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FILED: KINGS COUNTY CLERK 02/28/2022 06:46 PM INDEX NO. 521507/2017
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/28/2022
17. Not applicable.
18. Not applicable.
19. No Fault: Philadelphia Insurance Companies P.0 Box 950 Bala Cynwyd, PA
19004 Claim No.: 1061830
20. Plaintiff has sustained a serious injury as defined in subdivision (d) of section
5102 of the Insurance Law in that the injuries sustained fall within one or more of the
following definitions of serious injury: Including, but not limited to, a fracture; a significant
disfigurement; permanent loss of use of a body organ or member; significant limitation of
function or or a determined or impairment of a non-
use of a body system; medically injury
permanent nature which prevents plaintiff from performing substantially allof the
material acts which constitute her usual and customary daily activities for not less than
ninety days during the one hundred eighty days immediately following the occurrence of
the injury or impairment. Plaintiff has sustained a loss in excess of the basic loss as defined
by '5102 of the Insurance Law of the State of New York including but not limited to all
expenses incurred for x-
necessary medical, hospital, surgical, nursing, dental, ambulance,
ray, prescription drug and prosthetic services; psychiatric, physical and occupational
therapy and rehabilitation; any other professional health services; and all other reasonable
and necessary expenses incurred.
21. Not applicable.
22. Not applicable.
23. Not applicable.
24. Not applicable.
25. Not applicable.
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FILED: KINGS COUNTY CLERK 02/28/2022 06:46 PM INDEX NO. 521507/2017
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/28/2022
26. Not applicable.
PLEASE TAKE NOTICE, that plaintiff reserves the right to amend and or supplement
this document at any time including and up to the time of trial of this matter.
Dated: Brooklyn, New York
June 472018
James s Esq. of
ROSS HILL, ESQS.
Attorneysfor Plaintiff
YVONNE ANDERSON
16 Court 35th Floor
Street,
Brooklyn, NY 11241
(718) 855-2324
To:
Baker, McEvoy, Morrissey & Louis U. Gasparini, Esq.
Moskovitz, P.C. LYNCH SCHWAB & GASPARIN1, PLLC
Attorney for Defendant Attorney for Defendants
ABDOURAHAMANE DIALLO COURTNEY S. ROBINSON and
8th
One Metrotech Center, FlOOr HEART TO HEART SOCIAL ADULT
Brooklyn, New York 11201 SERVICES, LLC
T: 212.857.8230 1441 Route 22, Suite 206
F: 212.857.8238 Brewster, New York 10509
(914) 304-4353
File No.: 113.680
6/11/2018 8:04:48 AM
Preview
FILED: KINGS COUNTY CLERK 02/28/2022 06:46 PM INDEX NO. 521507/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------- X Index No.: 521507/2017 YVONNE ANDERSON, Plaintiff, VERIFIED BILL OF -against- PARTICULARS COURTNEY S. ROBINSON, HEART TO HEART SOCIAL ADULT SERVICES, LLC., and ABDOURAHAMANE DIALLO, Defendants ---------------------------------- --------X COUNSELORS: Plaintiff, by her attorneys, ROSS & HILL, ESQS., as and for her Verified Bill of Particulars, of defendant ABDOURAHAMANE DIALLO, respectfully sets forth as follows, upon information and belief: 1. Plaintiff, Yvonne Anderson resides at 7 Hegman Avenue Brooklyn, New York 11212. 2. Plaintiffs date of birth is July 12, 1943. 3. Plaintiffs social security number is 4. The accident occurred on March 2, 2017 at approximately 8:00 AM. 5. The accident occurred at Fountain Avenue and Sutter Avenue, Brooklyn, New York. 6. The negligence of the defendant consisted of; in failing to operate, manage and control his motor vehicle in a proper and safe manner to avoid the collision; in failing to properly slow, stop or decrease the speed of his motor vehicle; in failing to turn, swerve codefendants' or otherwise steer his motor vehicle as to avoid the collision; in striking 6/11/2018 8:04:48 AM FILED: KINGS COUNTY CLERK 02/28/2022 06:46 PM INDEX NO. 521507/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/28/2022 vehicle in the rear; in failing to observe the conditions of the roadway; in failing to observe other vehicles on the roadway; in failing to see what was there to be seen; in failing to pay attention to other vehicles on the roadway; in failing to remain in the proper lane; in failing to yield to right of way; in skidding; in traveling at an excessive rate of speed; in failing to sound the car horn; in failing to use or property use the steering mechanism in the vehicle; in following too closely; in failing to maintain a safe distance between his vehicle and surrounding vehicles; in failing to use or properly use the braking mechanism in the vehicle; in failing to operate his motor vehicle with due regard to the rights and safety of the plaintiff; in attempting to pass vehicles in an unsafe manner; in texting or otherwise using a cellphone while driving. 7. Defendant, Abdourahamane Diallo's vehicle came in contact with the rear of the vehicle in which plaintiff was a passenger. 8. Defendant violated Sections: 1101; 1102; 1110; 1111; 1112; 1113; 1114; 1115; 1120; 1121; 1122; 1124; 1125; 1126; 1127; 1128; 1129; 1130; 1131; 1140; 1141; 1142; 1143; 1145;1146; 1151; 1151-a; 1160; 1161; 1163; 1164; 1166; 1172; 1173; 1175; 1180; 1180-a; 1181; 1192; 1200; 1203; 1212; 1213; 1225; 1225-a; 1226 of the Vehicle and Traffic Laws of the State of New York, along with all other applicable statutes, ordinances, rules and regulations that the Court will take judicial notice of at the time of trial. Plaintiff reserves her right to amend this response after depositions. 9. Not applicable. 10. Not applicable. 11. Plaintiff sustained the following injuries all of which are alleged to be permanent in nature: 6/11/2018 8:04:48 AM FILED: KINGS COUNTY CLERK 02/28/2022 06:46 PM INDEX NO. 521507/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/28/2022 LUMBAR SPINE • L3/L4 disc herniation the thecal sac with bilateral neural deforming foraminal extension, left greater than right; • L4/5 disc herniation the thecal sac with bilateral neural foraminal deforming extension, left greater than right; • L5/S1 disc herniation the thecal sac with bilateral neural deforming foraminal extension; • L2/3 disc bulge the thecal sac with bilateral neural foraminal deforming extension; • Derangement; • Radiculopathy; CERVICAL SPINE • C2/3 disc bulge; • C4/5 disc bulge with right neural foraminal narrowing; • C3/4 disc herniation the thecal sac with cord abutment and left deforming neural foraminal extension with central spinal stenosis; • C5/6 disc herniation the thecal sac with cord abutment; deforming • C6/7 disc herniation the thecal sac and right neural foraminal deforming extension abutting the exiting nerve root; • Derangement; • Radiculopathy; THORACIC SPINE 6/11/2018 8:04:48 AM FILED: KINGS COUNTY CLERK 02/28/2022 06:46 PM INDEX NO. 521507/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/28/2022 • T2/3 right paracentral disc bulge; • Derangement; OTHER Post- concussion syndrome. 12. Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203. 13. Plaintiff was confined to bed for approximately two (2) weeks and is intermittently confined to her home. 14. Plaintiff was not employed at the time of her accident. Plaintiff was incapacitated from household duties for approximately two weeks. 15. Plaintiff is claiming the following special damages: a. Physicians services: Mid-Manhattan Medical, PC To be provided upon receipt. b. Medical supplies: Not applicable. Nurses' c. service: Not applicable. d. Hospital expenses: Kings County Hospital To be provided upon receipt. "d" e. X-rays: Please see above. f. Chiropractors: Not applicable. g. Physiotherapists: Not applicable. h. Drugs and Medications: To be provided upon receipt. i. Loss of earnings: Not applicable. j. Other: Not applicable. 16. Not applicable. 6/11/2018 8:04:48 AM FILED: KINGS COUNTY CLERK 02/28/2022 06:46 PM INDEX NO. 521507/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/28/2022 17. Not applicable. 18. Not applicable. 19. No Fault: Philadelphia Insurance Companies P.0 Box 950 Bala Cynwyd, PA 19004 Claim No.: 1061830 20. Plaintiff has sustained a serious injury as defined in subdivision (d) of section 5102 of the Insurance Law in that the injuries sustained fall within one or more of the following definitions of serious injury: Including, but not limited to, a fracture; a significant disfigurement; permanent loss of use of a body organ or member; significant limitation of function or or a determined or impairment of a non- use of a body system; medically injury permanent nature which prevents plaintiff from performing substantially allof the material acts which constitute her usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. Plaintiff has sustained a loss in excess of the basic loss as defined by '5102 of the Insurance Law of the State of New York including but not limited to all expenses incurred for x- necessary medical, hospital, surgical, nursing, dental, ambulance, ray, prescription drug and prosthetic services; psychiatric, physical and occupational therapy and rehabilitation; any other professional health services; and all other reasonable and necessary expenses incurred. 21. Not applicable. 22. Not applicable. 23. Not applicable. 24. Not applicable. 25. Not applicable. 6/11/2018 8:04:48 AM FILED: KINGS COUNTY CLERK 02/28/2022 06:46 PM INDEX NO. 521507/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/28/2022 26. Not applicable. PLEASE TAKE NOTICE, that plaintiff reserves the right to amend and or supplement this document at any time including and up to the time of trial of this matter. Dated: Brooklyn, New York June 472018 James s Esq. of ROSS HILL, ESQS. Attorneysfor Plaintiff YVONNE ANDERSON 16 Court 35th Floor Street, Brooklyn, NY 11241 (718) 855-2324 To: Baker, McEvoy, Morrissey & Louis U. Gasparini, Esq. Moskovitz, P.C. LYNCH SCHWAB & GASPARIN1, PLLC Attorney for Defendant Attorney for Defendants ABDOURAHAMANE DIALLO COURTNEY S. ROBINSON and 8th One Metrotech Center, FlOOr HEART TO HEART SOCIAL ADULT Brooklyn, New York 11201 SERVICES, LLC T: 212.857.8230 1441 Route 22, Suite 206 F: 212.857.8238 Brewster, New York 10509 (914) 304-4353 File No.: 113.680 6/11/2018 8:04:48 AM