Preview
FILED: QUEENS COUNTY CLERK 02/04/2020 02:27 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/04/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS 046toga o)c2
------------------------ ------ -----X
JOAN FREIRE, Index no. 703456/2018
Plaintiff,
VERIFIED BILL OF PARTICULARS
-against-
ARTHUR RAMIREZ, VICTORIA RAMIREZ,
SHERIF SAKR and VIP TRANSPORTER LLC,
Defendants.
----------------------------X
PLEASE TAKE NOTICE that plaintiff, in response to demand of defendant ARTHUR
RAMIREZ, and VICTORIA RAMIREZ, alleges the following, as and for her bill of particulars:
1. Accident occurred on December 29, 2017 at 10:40 pm.
2. Plaintiff objects to thisdemand as beyond the scope of a billof particulars .
3. The accident herein and damages resulting there from were caused solely through
and by reason of the negligence and carelessness of the defendâñts in the ownership, operation,
maiñtêñañce, menegement and control of the subject motor vehicle; in the motor
operating
vehicle in a negligent, reckless, hazardous and/or dangerous manner; in allowing the subject
motor vehicle to be operated in a negligent, reckless, hazardous and/or dañgerous m=mer; in
carelessly and negligently eansing and/or permitting the subject motor vehicle to be operatcd
over and above the public highway at an excessive rate of speed and /or at a rate of speed
greater than care and caution would permit under the circumstances then and there eviating; in
failing and omitting to take prompt, proper and sufficient control of the subject motor vehicle in
order to avoid the accident described herein; in failing to pay adequate and sufficient attention to
the roadway; in failing to keep a lookout well ahead; in operating and/or allowing the subject
motor vehicle to be operated in a manner contrary to and in viólatión of statutes, ordinances,
FILED: QUEENS COUNTY CLERK 02/04/2020 02:27 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/04/2020
rules and regühtians of the State of New York, in such cases made and provided; in failing and
omitting to have the motor vehicle under reasonable and proper control; in operating the motor
vehicle in an erratic and dangerous manner; in failing to promptly, properly and adequately apply
the brakes; in failing to =htain the breaking and steering mechañisms of the vehicle in proper
and adequate condition; in failing to observe the roadway; in failing to keep a proper and safe
distâñce; in failing to exercise reasonable care and caution under the circumstances presentiñg;
in failing to exercise that degree of care which would have prevented the accident under the
circunistances; in improperly stepping on the accelerator of the motor vehicle; in failing to
keep a proper lookout; in failing to obey traffic control devices, in ignoring the trafficcontrol
devices then and there existing; in failing to slow down; in failing and omitting to operate the
subject motor vehicle with due regard for the safety of others; in failing to be reasonably alert
and in causing the accident herein and the injuries resulting there from. Plaintiff will rely on the
laws, statutes and regulations violated by the Defendants, but they are reserved for trialand the
judicial notice of the trialjudge. In addition, Defendant violated all applicable sections of the
New York State Vehicle and Traffic Law and the New York City Traffic Rules and Regulations
coñcerning the safe and proper operation of a motor vehicle upon the public ways and streets of
the State of New York including, but not limited to, Vehicle and Traffic Law §§ 375, 1101;
1110; 1111; 1124; 1129; 1142; 1146, 1180 and 1180-a.
4. See response 2.
5. Not applicable.
6. The make and model of the vehicle plaintiff was a passenger in is a 2015 Nissan
Sedan.
7. Plaintiff sustained the following injuries:
2
FILED: QUEENS COUNTY CLERK 02/04/2020 02:27 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/04/2020
CERVICAL SPINE
• C3-C6 bilobed posterolateral disc bulges thecal sac with neural
contacting
foraminal narrowing;
RIGHT KNEE
• Sprain with interstitial tear noted in the anterior cruciate ligament near the
tibial attachment.
RIGHT HIP
• Small pelvic ascites.
All of the aforementioned injuries, resultiñg disabilities, aggravations, exacerbations and
involvcmcats are associated with further injuries to the areas tran== - including:
aly affected,
fracture, tearing, derangement and damage to the associated muscle groups, ligaments, tendons,
cartilage, blood, tissue, epithelial tissue, all concomitant to the specific iñjuries and related to the
specific portions of the mentioned with r-nhant
body herein, scars, hemorrhage, pain,
ecchymosis, deformity and disability; stiffness, tenderness, weakness, atrophy, restriction and
liniitatioñ of motion, pain on motion and loss of use of the abovementioned parts; anxiety and
mental anguish; allof which have substantially prevented the Plaintiff from êñjoyiñg the normal
fruitsof social activities.
Plaintiff reserves the right to prove any and allfurther consequences and any and all
further medical expenses up to and at the time of trial.
Upon information and belief, all of the above injuries are permanent and in
continuing
nature, except for objective signs of contusions and abrasions.
Plaintiff suffered, stillsuffers, and upon information and belief will continue to suffer
pain, discomfort and liniited movement of the injured portions of his body, including the
adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues.
3
FILED: QUEENS COUNTY CLERK 02/04/2020 02:27 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/04/2020
8. a. Plaintiff was only confined to the hospital on an overnight stay on the day in which
accident occurred.
b. Plaintiffwas confined one week to their bed.
c. Plaintiff was confined one month to theirhome and had a miscarriage after the
accident.
9. Plaintiffwas incapacitated for one month from their employmcñt, and six weeks
from their household activities.
10. Plaintiff is claiming the following in special damages:
a. Physician's services: $50,000;
b. Medical supplies: included in response a;
c. Loss of earnings: $4,000;
Nurses'
d. services: included in response a;
e. Hospital expenses: included in response a;
f. X-rays expenses: included in response a;
g. Other items of special damage: included in response a;
5401
h. Plaintiff's employer at the time of the accideñt was Nuvo Restanrent, 125 E.
St.,New Yorks NY 10022.
11. |Plaintiff sustained economic loss in excess of basic economic loss as defined by
Section 5102 of the Insurance Law of the State of New York in that Plaintiff(s) has/have, or will
incur medical, hospital, surgical, nursing, a-balance, x-ray, prescription drug and prosthetic
services; psychiatric, physical and occupational therapy and rehabilitation; any other professional
health services and allother reaseñable and necessary expenses that have or will exceed in the
future as defined by Section 5102(d) of the Insurance Law, and/or damasan greater than "basic
4
FILED: QUEENS COUNTY CLERK 02/04/2020 02:27 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/04/2020
PLEASE TAKE FURTHER NOTICE thatplaintiff reserves the right to supplement
thisresponse as the litigationproceeds and further information and/or docüñ=mtioñ is obtained.
Dated: Long Island City, NY
September 25, 2018
LAW OFF OF EVANS D. PRIESTON, P.C.
Attorney for Plaintiffs
47-40 21st Street 10th Floor
Long Island City, NY 11101
(718) 424-2444
To: LAW OFFICES OF KAREN L. LAWRENCE
Attorneys for Defendants
ARTHUR RAMIREZ and VICTORIA RAMIREZ
1225 Franklin Ave., Suite 100
Garden City, NY 11530
(516) 877-5685
6
Preview
FILED: QUEENS COUNTY CLERK 02/04/2020 02:27 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/04/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS 046toga o)c2 ------------------------ ------ -----X JOAN FREIRE, Index no. 703456/2018 Plaintiff, VERIFIED BILL OF PARTICULARS -against- ARTHUR RAMIREZ, VICTORIA RAMIREZ, SHERIF SAKR and VIP TRANSPORTER LLC, Defendants. ----------------------------X PLEASE TAKE NOTICE that plaintiff, in response to demand of defendant ARTHUR RAMIREZ, and VICTORIA RAMIREZ, alleges the following, as and for her bill of particulars: 1. Accident occurred on December 29, 2017 at 10:40 pm. 2. Plaintiff objects to thisdemand as beyond the scope of a billof particulars . 3. The accident herein and damages resulting there from were caused solely through and by reason of the negligence and carelessness of the defendâñts in the ownership, operation, maiñtêñañce, menegement and control of the subject motor vehicle; in the motor operating vehicle in a negligent, reckless, hazardous and/or dangerous manner; in allowing the subject motor vehicle to be operated in a negligent, reckless, hazardous and/or dañgerous m=mer; in carelessly and negligently eansing and/or permitting the subject motor vehicle to be operatcd over and above the public highway at an excessive rate of speed and /or at a rate of speed greater than care and caution would permit under the circumstances then and there eviating; in failing and omitting to take prompt, proper and sufficient control of the subject motor vehicle in order to avoid the accident described herein; in failing to pay adequate and sufficient attention to the roadway; in failing to keep a lookout well ahead; in operating and/or allowing the subject motor vehicle to be operated in a manner contrary to and in viólatión of statutes, ordinances, FILED: QUEENS COUNTY CLERK 02/04/2020 02:27 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/04/2020 rules and regühtians of the State of New York, in such cases made and provided; in failing and omitting to have the motor vehicle under reasonable and proper control; in operating the motor vehicle in an erratic and dangerous manner; in failing to promptly, properly and adequately apply the brakes; in failing to =htain the breaking and steering mechañisms of the vehicle in proper and adequate condition; in failing to observe the roadway; in failing to keep a proper and safe distâñce; in failing to exercise reasonable care and caution under the circumstances presentiñg; in failing to exercise that degree of care which would have prevented the accident under the circunistances; in improperly stepping on the accelerator of the motor vehicle; in failing to keep a proper lookout; in failing to obey traffic control devices, in ignoring the trafficcontrol devices then and there existing; in failing to slow down; in failing and omitting to operate the subject motor vehicle with due regard for the safety of others; in failing to be reasonably alert and in causing the accident herein and the injuries resulting there from. Plaintiff will rely on the laws, statutes and regulations violated by the Defendants, but they are reserved for trialand the judicial notice of the trialjudge. In addition, Defendant violated all applicable sections of the New York State Vehicle and Traffic Law and the New York City Traffic Rules and Regulations coñcerning the safe and proper operation of a motor vehicle upon the public ways and streets of the State of New York including, but not limited to, Vehicle and Traffic Law §§ 375, 1101; 1110; 1111; 1124; 1129; 1142; 1146, 1180 and 1180-a. 4. See response 2. 5. Not applicable. 6. The make and model of the vehicle plaintiff was a passenger in is a 2015 Nissan Sedan. 7. Plaintiff sustained the following injuries: 2 FILED: QUEENS COUNTY CLERK 02/04/2020 02:27 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/04/2020 CERVICAL SPINE • C3-C6 bilobed posterolateral disc bulges thecal sac with neural contacting foraminal narrowing; RIGHT KNEE • Sprain with interstitial tear noted in the anterior cruciate ligament near the tibial attachment. RIGHT HIP • Small pelvic ascites. All of the aforementioned injuries, resultiñg disabilities, aggravations, exacerbations and involvcmcats are associated with further injuries to the areas tran== - including: aly affected, fracture, tearing, derangement and damage to the associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific iñjuries and related to the specific portions of the mentioned with r-nhant body herein, scars, hemorrhage, pain, ecchymosis, deformity and disability; stiffness, tenderness, weakness, atrophy, restriction and liniitatioñ of motion, pain on motion and loss of use of the abovementioned parts; anxiety and mental anguish; allof which have substantially prevented the Plaintiff from êñjoyiñg the normal fruitsof social activities. Plaintiff reserves the right to prove any and allfurther consequences and any and all further medical expenses up to and at the time of trial. Upon information and belief, all of the above injuries are permanent and in continuing nature, except for objective signs of contusions and abrasions. Plaintiff suffered, stillsuffers, and upon information and belief will continue to suffer pain, discomfort and liniited movement of the injured portions of his body, including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues. 3 FILED: QUEENS COUNTY CLERK 02/04/2020 02:27 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/04/2020 8. a. Plaintiff was only confined to the hospital on an overnight stay on the day in which accident occurred. b. Plaintiffwas confined one week to their bed. c. Plaintiff was confined one month to theirhome and had a miscarriage after the accident. 9. Plaintiffwas incapacitated for one month from their employmcñt, and six weeks from their household activities. 10. Plaintiff is claiming the following in special damages: a. Physician's services: $50,000; b. Medical supplies: included in response a; c. Loss of earnings: $4,000; Nurses' d. services: included in response a; e. Hospital expenses: included in response a; f. X-rays expenses: included in response a; g. Other items of special damage: included in response a; 5401 h. Plaintiff's employer at the time of the accideñt was Nuvo Restanrent, 125 E. St.,New Yorks NY 10022. 11. |Plaintiff sustained economic loss in excess of basic economic loss as defined by Section 5102 of the Insurance Law of the State of New York in that Plaintiff(s) has/have, or will incur medical, hospital, surgical, nursing, a-balance, x-ray, prescription drug and prosthetic services; psychiatric, physical and occupational therapy and rehabilitation; any other professional health services and allother reaseñable and necessary expenses that have or will exceed in the future as defined by Section 5102(d) of the Insurance Law, and/or damasan greater than "basic 4 FILED: QUEENS COUNTY CLERK 02/04/2020 02:27 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/04/2020 PLEASE TAKE FURTHER NOTICE thatplaintiff reserves the right to supplement thisresponse as the litigationproceeds and further information and/or docüñ=mtioñ is obtained. Dated: Long Island City, NY September 25, 2018 LAW OFF OF EVANS D. PRIESTON, P.C. Attorney for Plaintiffs 47-40 21st Street 10th Floor Long Island City, NY 11101 (718) 424-2444 To: LAW OFFICES OF KAREN L. LAWRENCE Attorneys for Defendants ARTHUR RAMIREZ and VICTORIA RAMIREZ 1225 Franklin Ave., Suite 100 Garden City, NY 11530 (516) 877-5685 6