On October 03, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Raul Santillan,
and
Mana M. Waiba,
The New World Service Inc.,
for Torts - Motor Vehicle
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 02/15/2022 03:53 PM INDEX NO. 519867/2018
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 02/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------- --------X
RAUL SANTILLAN
STATEMENT OF
Plaintiffs, MATERIAL FACTS
- against -
Index No. 519867/18
THE NEW WORLD SERVICE INC. and
MANA W. WAIBA,
Defendants.
___________________,------ X
STATEMENT OF MATERIAL FACTS
"Plaintiff"
1. Plaintiff RAUL SANTILLAN (hereinafter referred to as or "Santillan")
alleges that he sustained a serious physical injury as a result of a motor vehicle accident which
was caused by the negligence of the Defendants.
2. The accident occurred on 5/6/18 on Wyckoff Avenue at or near the intersection
with Eldert Street in the County of Kings, State of New York.
3. The accident DID NOT occur on 4/22/18 on Atlantic Avenue between Troy and
Defendants'
Schenectady Avenues, as alleged in Statement of Material Facts, Paragraph "1".
4. As a direct result of the accident, Santillan sustained the following injuries:
Disc herniation at C3/4 causing midline thecal sac deformity;
Disc bulges at C5/6 and C6/7;
Cervical radiculopathy;
Disc herniation at L4/5 with midline thecal sac compression;
Disc bulge at Ll/2;
Lumbar scoliosis.
5. The injuries sustained by
Santillan were confirmed by MRI studies, EMG studies
range of motion testing and clinical correlation by his treating physicians.
6. Santillan underwent a series of cervical and lumbar epidural steroid injections for
1 of 3
FILED: KINGS COUNTY CLERK 02/15/2022 03:53 PM INDEX NO. 519867/2018
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 02/15/2022
pain management.
7. The defense medical examination of Santillan by Dr. Salvatore Corso is deficient
as Dr. Corso never saw or reviewed any of the Santillan's medical reports and the objective
findings of Santillan's MRIs, EMG/NCV studies, pain management injections and other clinical
evidence of "serious injury".
8. Dr. Corso admits that a review of the medical records could have an effect on his
Defendants'
opinion. deliberate failure to provide their own physician with all of the medical
records denies Dr. Corso the opportunity to provide a full objective analysis of Plaintiff's
medical condition using all available records, reports, and diagnostic studies.
9. Dr. Kogan concluded that as a result of the 5/6/18 accident, Plaintiff's disability
is permanent, has resulted in chronic pain with progressive remission and exacerbation during
overuse, and that Plaintiff may continue to experience pain and limitation of his activities. His
prognosis for a full and complete anatomic recovery is poor.
10. There are numerous issues of material fact, as Dr. Corso's medical opinion,
which is in total disagocusent with Plaintiff's treating physicians, creates factual disputes
regarding the nature and extent of Plaintiff's injuries.
11. As a direct result of the accident on 5/6/18, Plaintiff sustained medically
determined injuries which caused him to be unable to care for his infant daughter, and thus
prevented him from performing him usual and customary Activities of Daily Living (ADL)
for at least ninety (90) days out of the firstone hundred eighty (180) days immediately following
his accident, and to the present. Mr. Santillan's injuries required his family to re-locate from
New York City to Mexico in order to have the support of his family in the day to day care of his
2
2 of 3
FILED: KINGS COUNTY CLERK 02/15/2022 03:53 PM INDEX NO. 519867/2018
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 02/15/2022
daughter.
Dated: Forest Hills, New York
February I1, 2022
LAW OFF E ALD W. RAMIREZ
By:
Ro ld Ramirez
Attorneys for Plaintiff RAUL SANTILLAN
7l"
107-19 Avenue
Forest Hills, NY 11375
(718) 261-6161
3
3 of 3
Document Filed Date
February 15, 2022
Case Filing Date
October 03, 2018
Category
Torts - Motor Vehicle
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: KINGS COUNTY CLERK 02/15/2022 03:53 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 02/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------- --------X RAUL SANTILLAN STATEMENT OF Plaintiffs, MATERIAL FACTS - against - Index No. 519867/18 THE NEW WORLD SERVICE INC. and MANA W. WAIBA, Defendants. ___________________,------ X STATEMENT OF MATERIAL FACTS "Plaintiff" 1. Plaintiff RAUL SANTILLAN (hereinafter referred to as or "Santillan") alleges that he sustained a serious physical injury as a result of a motor vehicle accident which was caused by the negligence of the Defendants. 2. The accident occurred on 5/6/18 on Wyckoff Avenue at or near the intersection with Eldert Street in the County of Kings, State of New York. 3. The accident DID NOT occur on 4/22/18 on Atlantic Avenue between Troy and Defendants' Schenectady Avenues, as alleged in Statement of Material Facts, Paragraph "1". 4. As a direct result of the accident, Santillan sustained the following injuries: Disc herniation at C3/4 causing midline thecal sac deformity; Disc bulges at C5/6 and C6/7; Cervical radiculopathy; Disc herniation at L4/5 with midline thecal sac compression; Disc bulge at Ll/2; Lumbar scoliosis. 5. The injuries sustained by Santillan were confirmed by MRI studies, EMG studies range of motion testing and clinical correlation by his treating physicians. 6. Santillan underwent a series of cervical and lumbar epidural steroid injections for 1 of 3 FILED: KINGS COUNTY CLERK 02/15/2022 03:53 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 02/15/2022 pain management. 7. The defense medical examination of Santillan by Dr. Salvatore Corso is deficient as Dr. Corso never saw or reviewed any of the Santillan's medical reports and the objective findings of Santillan's MRIs, EMG/NCV studies, pain management injections and other clinical evidence of "serious injury". 8. Dr. Corso admits that a review of the medical records could have an effect on his Defendants' opinion. deliberate failure to provide their own physician with all of the medical records denies Dr. Corso the opportunity to provide a full objective analysis of Plaintiff's medical condition using all available records, reports, and diagnostic studies. 9. Dr. Kogan concluded that as a result of the 5/6/18 accident, Plaintiff's disability is permanent, has resulted in chronic pain with progressive remission and exacerbation during overuse, and that Plaintiff may continue to experience pain and limitation of his activities. His prognosis for a full and complete anatomic recovery is poor. 10. There are numerous issues of material fact, as Dr. Corso's medical opinion, which is in total disagocusent with Plaintiff's treating physicians, creates factual disputes regarding the nature and extent of Plaintiff's injuries. 11. As a direct result of the accident on 5/6/18, Plaintiff sustained medically determined injuries which caused him to be unable to care for his infant daughter, and thus prevented him from performing him usual and customary Activities of Daily Living (ADL) for at least ninety (90) days out of the firstone hundred eighty (180) days immediately following his accident, and to the present. Mr. Santillan's injuries required his family to re-locate from New York City to Mexico in order to have the support of his family in the day to day care of his 2 2 of 3 FILED: KINGS COUNTY CLERK 02/15/2022 03:53 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 02/15/2022 daughter. Dated: Forest Hills, New York February I1, 2022 LAW OFF E ALD W. RAMIREZ By: Ro ld Ramirez Attorneys for Plaintiff RAUL SANTILLAN 7l" 107-19 Avenue Forest Hills, NY 11375 (718) 261-6161 3 3 of 3