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FILED: KINGS COUNTY CLERK 06/12/2020 03:11 PM INDEX NO. 519845/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
. . . . .
JOSE V. FERNANDEZ, Index No.: 519845/2018
Plaintiff, BILL OF
PARTICULARS
-against-
JORGE LUIS RIVERA,
Defendant
C O U N S E L O R S:
PLEASE TAKE NOTICE, that Plaintiff JOSE V. FERNANDEZ, by and through her
attorney, JOSHUA BRIAN IRWIN, P.C., as and for a Verified Bill of Particulars responsive to
the Demand therefore of Defendant, JORGE LUIS RIVERA, hereby states upon information and
belief as follows:
1. Plaintiff objects to the within demand as it is in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars,
except to state that Plaintiff's name is as set forth in the caption above.
2. Plaintiff objects to the within demand as it is in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars.
3. Plaintiff objects to the within demand as it is in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars.
4. The subject accident occurred on June 15*, 2018, at approximately 7:33 a.m.
5. Upon information and belief, the subject accident occurred on Livonia Avenue at
or near its intersection with Snediker Avenue, in the County of Kings, City and State of New
York.
6. The Defendant was careless and negligent in the ownership, operation,
management, maintenance, and control of his motor vehicle; in failing to look, in failing to see,
in failing to see what was there to be seen; in failing to be observant of the surroüñding
circumstances; in failing to make prompt, proper, and timely use of the braking mechâñism of
his motor vehicle; in failing to make prompt, proper, and timely use of the steering mechanism of
his motor vehicle; in failing to maintain the transmission, braking, and steering mechmisms of
his motor vehicle in proper and edequate condition and repair; in failing to be observant of the
Plaintiff's motor vehicle; in carelessly and negligently striking the Plaintiff's vehicle while
failing to stop at the intersection; in failing to keep a proper and adequate distance from the
Plaintiff's vehicle; in disregarding the traffic and roadway conditions then and there existing; in
FILED: KINGS COUNTY CLERK 06/12/2020 03:11 PM INDEX NO. 519845/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2020
failing to maintain a safe distance between his vehicle and the Plaintiff's motor vehicle; in
negligently causing his motor vehicle to come and be in ccatact with the Plaintiff's motor
vehicle; by the negligent use and operation of his motor vehicle; in failing to keep a proper and
adequate lookout upon the roadway; in acting in a manner that care and caution would not permit
under the circurnstances then and there existing; in operating his vehicle at an excessive rate of
speed; in operating his vehicle at a speed that due care and caution would not permit under the
circumstances; in causing, allowing, and permitting his motor vehicle to strike and come in
contact with the Plaintiff's motor vehicle, thereby causing the Plaintiff to sustain serious personal
injuries; in failing to be observant of the traffic and roadway conditions; in failing to give any
signal, sound, or warning; in failing to give the Plaintiff any notice or warning of the impending
danger and impact; in failing to exercise due and required care, caution, and forbearance in the
control of his motor vehicle so as to have avoided this accident and the injuries to the Plaintiff; in
failing to keep and maintain a proper lookout upon the roadway; in failing to keep and maintain a
proper lookout upon the roadway in his direction of travel; in failing to be and remain
reasonably alert; in failing to keep a proper vigil upon the roadway; in violating those statutes,
ordinances, rules, and regulations in such cases made and provided, of which this Court will take
Judicial Notice at the time of the trial of this action; and in being otherwise careless and
negligent in the ownership, operation, management, maintenance, and control of his motor
vehicle.
7. Plaintiff objects to the within demand as itis in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars.
8. The specific statutes, ordinances, rules and regulations violated by the Defendant,
of which this Court will take Judicial Notice at the time of the trialof this action, in addition to
any statutes previously plead, are as follows: NYS Vehicle & Traffic Law 375, 1101, 1102,
1105, 1110, 1I 1 1, I113, 1115, 1120, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1130, 1140,
1141, 1142, 1143, I144, 1145, I146, 1160, 1161, 1162, 1163, 1164, 1166, 1170, 1171, 1172,
1203-
1173, 1174, 1175, 1176, 1180, 1180-a, 1181, 1182, 1190, 1192, 1200-a, 1201, 1202, 1203,
b, 1225-a, 1226, 1227, 1228, 1229, 1229-b, 1229-c, 1250, 1251, and 1252 of the Vehicle and
Traffic Law of the State of New York and sections 4-03, 4-04, 4-05, 4-06, 4-07, 4-08, 4-09, and
4-12 of the Traffic Regulations of the City of New York, along with all other Statutes,
Ordinances, Rules and Regulations that the Court will take Judicial Notice of at the time of trial.
9. Plaintiff objects to the within demand as it is in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars.
10. As a result of the subject accident Plaintiff JOSE V. FERNANDEZ suffered the
following injuries:
ON JANUARY 8™, 2019, PLAINTIFF UNDERWENT LUMBAR PERCUTANEOUS
DISCECTOMY, NUCLEUS PULPOSUS ABLATION L5/S1 (CPT 62287) LEVEL (1): 1;
ANNULOPLASTY (CPT 22526-59);
TRANSFORAMINAL EPIDURAL INJECTION (CPT 64483-59);
DISCINJECTION AND RADIOGRAPHIC INTERPRETATION (ClY 62290-59, 72295).
FILED: KINGS COUNTY CLERK 06/12/2020 03:11 PM INDEX NO. 519845/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2020
ON SEPTEMBER 26", 2018, PLAINTIFF UNDERWENT INTERLAMINAR EPIDURAL
STEROID INJECTION AT THE L5-S1 LEVEL; DIAGNOSTIC INTRAOPERATIVE
EPIDUROGRAM
MRI OF THE LEFT SHOULDER ON JUNE 30™, 2018, REVEALED THE FOLLOWING:
MODERATE ROTATOR CUFF TENDINITIS AND BURSITIS
MRI OF THE RIGHT ANKLE ON JULY 19™, 2018, REVEALED THE FOLLOWING:
PRESENCE OF ANKLE JOINT FLUID COMPATIBLE WITH SYNOVITIS; PES PLANUS
DEFORMITY FOR WHICH WEIGHT BEARING X-RAYS ARE RECOMMENDED FOR
CONFIRMATION; FLUID AROUND THE MYOTENDINOUS PORTION OF THE FLEXOR
HALLUCIS LONGUS COMPATIBLE WITH FHL TENDONOPATHY; PTT
HYPERTROPHIC TEAR
MRI OF THE RIGHT KNEE ON JULY 19", 2018, REVEALED THE FOLLOWING:
PRESENCE OF JOINT FLUID COMPATIBLE WITH SYNOVITIS; POPLITEUS TENDON
STRAIN/INTERSTITIAL TEAR WITH ASSOCIATED TENDONOPATHY/
TENOSYNOVITIS
27"
MRI OF THE LUMBAR SPINE ON JULY , 2018, REVEALED THE FOLLOWING:
PRESENCE OF BULGING DISC AT L1-2 WITHOUT STENOSIS; BULGING DISC AT L2-3
WITH THECAL SAC IMPINGEMENT; BULGING DISC AT L3-4 WITHOUT STENOSIS;
BULGING DISC AT L4-5 WITH LIMITED BIFORAMINAL EXTENSION; BULGING DISC
AT L5-S1 WITH IMPINGEMENT UPON THE THECAL SAC AND ORIGINATING S1
ROOTS
MRI OF THE LUMBAR SPINE ON DECEMBER 21", 2018, REVEALED THE
FOLLOWING: L5/S1 CENTRAL FOCAL DISC HERNIATION DEFORMING THE
ANTERIOR EPIDURAL FAT WITH DECREASED CONSPICUITY ON FLEXION VIEW;
LUMBAR SPINE STRAIGHTENING
X-RAY OF THE SI JOINTS ON SEPTEMBER 26™, 2018, REVEALED THE FOLLOWING:
SACRO-ILIAITIS OF THE LEFT SI JOINT
CERVICAL PARASPINAL MUSCLE AND LIGAMENT SPRAINS/ STRAINS
CERVICALGIA
RADICULOPATHY, CERVICAL REGION
LUMBAR PARASPINAL MUSCLE AND LIGAMENT SPRAINS/ STRAINS
RADICULOPATHY, LUMBOSACRAL REGION
LEFT SHOULDER/ UPPER ARM MUSCLE AND LIGAMENT SPRAINS/ STRAINS
RIGHT KNEE SPRAINS/STRAINS
FILED: KINGS COUNTY CLERK 06/12/2020 03:11 PM INDEX NO. 519845/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2020
RIGHT ANKLE PAIN
HYPERTENSION
POST TRAUMATIC STRESS
The above injuries are accompanied by severe pain, tenderness, swelling, stiffness,
discomfort, distress, weakness, depression, stress, psychological difficulties, restriction of
motion and with related injuries, damages, compromise and degeneration of the underlying soft
tissues, blood vessels, bones, nerves, tendons, ligaments and musculature and all of the natural
consequences flowing therefiom.
Psychological embarrassment due to impairment and deformities causing the Plaintiff to
make both conscious and subconscious efforts to limit the use and visibility of those
impairments.
As a result of the above injuries, Plaintiff has suffered and continues to suffer severe
pains in the head, severe and persistent headaches, dizziness, nervousness, tension, vertigo,
anxiety, irritability, emotional anguish, depression and distress, loss of appetite and difficulty
sleeping.
Plaintiff has further suffered and continues to suffer severe pain and difficulty with
prolonged sitting, standing, walking, bending, climbing stairs,lifting or carrying heavy objects,
performing strenuous activities,finding a comfortable position or sleeping.
Anxiety, tension, difficulty sleeping, personality changes, depression, anhedonia and
distress.
Impairment of spinal integrity and exacerbation of any pre-existing symptomatic and/or
asymptomatic spondylitic changes, osteoporosis, arthritis, hypertrophic vertebral changes,
narrowing of vertebral spaces, degenerative vertebral or disc changes.
Aggravation, activation and/or precipitation of any underlying hypertrophic,
degeñêrative, arthritic, circulatory, arterial,venous or systemic condition complained of.
Any and all of the above injuries at/or near any body joint will result in traumatic arthritis
and/or onset of arthritis, osteoarthritic involvement, osteoporosis and/or necrosis at an earlier
age, at an accelerated rate and with greater severity than would have otherwise occurred.
All of the above injuries are permanent in nature and duration, and were caused,
precipitated, aggravated and/or exacerbated by the aforementioned occurrence.
All of the above injuries are permanent in nature and duration.
I1. Plaintiff objects to the within demand as it is in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars,
except to state see Plaintiff's Exchange of Medical Information.
FILED: KINGS COUNTY CLERK 06/12/2020 03:11 PM INDEX NO. 519845/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2020
12. Plaintiff was confined to bed for one (1) day following the subject accident, and
intermittently until present time; Plaintiff was confined to home for eight (8) days following the
subject accident and intermittently until present time.
13. Plaintiff objects to the within demand as it is in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars,
except to state that Plaintiff was incapacitated from the employment duties for eight (8) days
following the subject accident and intermittently until present time, however is not pursuing claim
for loss of wages, and also to state that Plaintiff was incapacitated from household duties for eight
(8) days following the subject accident and intermittently until present time.
14. Plaintiff claims the following amounts as special damages incurred to date and to
be incurred in the future:
a. Physician Services, to date and continuing, in the amount of.......................$250,000.00
b. Medical Expenses, to date and continuing, in the amount of........................$250,000.00
c. Nursing Expenses, to date and continuing, in the amount of........................$100,000.00
d. Hospital Expenses, to date and continuing, in the amount of.......................$250,000.00
e. Diagnostic Studies, to date and continuing, in the amount of........................$50,000.00
f. Chiropractors, to date and continuing, in the amount of..............................$100,000.00
g. Physiotherapists, to date and continuing, in the amount of ....................$250,000.00
h. Drugs and medications, to date and continuing, in the arnount of ............$250,000.00
i. Loss Earnings, to date and continuing, in the amount of ...............................N/A
j. Plaintiff objects to the within demand as it is form of an interrogatory, evidentiary in
nature beyond the scope of CPLR §3043, and nor proper for a Bill of Particulars, overly
broad, unduly burdensome, and otherwise improper, except to state that Plaintiff claims
pain management treatment to date and continuing, in the amount of $250,000.00;
Plaintiff claims total damages in the amount of ten million ($10,000,000.00) dollars.
15. Plaintiff objects to the within demand as itis in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars.
16. Plaintiff objects to the within demand as itis in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars.
17. Plaintiff objects to the within demand as it is in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars,
except to state that Plaintiff is not pursuing claim for loss of wages.
18. Plaintiff objects to the within demand as it is in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars,
except to state that Plaintiff was not a student at the time of the subject accident.
19. Plaintiff objects to the within demand as it is in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars.
20. Plaintiff has sustained serious peisonal injury and/or economic losses in excess of
FILED: KINGS COUNTY CLERK 06/12/2020 03:11 PM INDEX NO. 519845/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2020
the basic economic losses as defined in §5102 of the Insurance Law of the State of New York, by
reason of the aforementioned personal injuries, permanent consequential limitation of use of a
body organ or member, significant limitation of use of body function or systems of the injured
parts, with permanent pain, limitation and impairment, and determined or
medically injury
impairment which prevented plaintiff from performing substantially all of the material acts
which constitute plaintiffs usual and customary daily activities for not less than 90 days during
the 180 days irnmediately following the occurrence of the injury or impairment.
21. Plaintiff objects to the within demand as it is in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars.
(1"
See: Harris v. Ariel Transp. Corp., 37 A.D.3d 308, 830 N.Y.S.2d 121, Dep't, 2007).
22. Plaintiff objects to the within demand as it is in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars.
23-24. Plaintiff objects to the within demand as it is in the form of an interrogatory,
evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars,
except to state that no claim for loss of consortium is made at this time.
PLEASE TAKE NOTICE, that Plaintiff reserves the right to amend and/or supplement
this response at any time up to and including at the time of trial f thisaction.
Dated: Brooklyn, New York
January 31", 2019
. - Yours, etc.,
Victoria Hovsep an, Esq.
Joshua Brian Irwin, P.C.
Attorneys for Plaintiff
86"'
2171 Street, Suite 2
Brooklyn, New York 11214
Tel: (718)449-7491
TO: BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P,C.,
Attorneys for Defendant
1 Metrotech Center, 8th Floor
Brooklyn, New York 11201
Tel: (212) 857-8230
Preview
FILED: KINGS COUNTY CLERK 06/12/2020 03:11 PM INDEX NO. 519845/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS . . . . . JOSE V. FERNANDEZ, Index No.: 519845/2018 Plaintiff, BILL OF PARTICULARS -against- JORGE LUIS RIVERA, Defendant C O U N S E L O R S: PLEASE TAKE NOTICE, that Plaintiff JOSE V. FERNANDEZ, by and through her attorney, JOSHUA BRIAN IRWIN, P.C., as and for a Verified Bill of Particulars responsive to the Demand therefore of Defendant, JORGE LUIS RIVERA, hereby states upon information and belief as follows: 1. Plaintiff objects to the within demand as it is in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars, except to state that Plaintiff's name is as set forth in the caption above. 2. Plaintiff objects to the within demand as it is in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars. 3. Plaintiff objects to the within demand as it is in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars. 4. The subject accident occurred on June 15*, 2018, at approximately 7:33 a.m. 5. Upon information and belief, the subject accident occurred on Livonia Avenue at or near its intersection with Snediker Avenue, in the County of Kings, City and State of New York. 6. The Defendant was careless and negligent in the ownership, operation, management, maintenance, and control of his motor vehicle; in failing to look, in failing to see, in failing to see what was there to be seen; in failing to be observant of the surroüñding circumstances; in failing to make prompt, proper, and timely use of the braking mechâñism of his motor vehicle; in failing to make prompt, proper, and timely use of the steering mechanism of his motor vehicle; in failing to maintain the transmission, braking, and steering mechmisms of his motor vehicle in proper and edequate condition and repair; in failing to be observant of the Plaintiff's motor vehicle; in carelessly and negligently striking the Plaintiff's vehicle while failing to stop at the intersection; in failing to keep a proper and adequate distance from the Plaintiff's vehicle; in disregarding the traffic and roadway conditions then and there existing; in FILED: KINGS COUNTY CLERK 06/12/2020 03:11 PM INDEX NO. 519845/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2020 failing to maintain a safe distance between his vehicle and the Plaintiff's motor vehicle; in negligently causing his motor vehicle to come and be in ccatact with the Plaintiff's motor vehicle; by the negligent use and operation of his motor vehicle; in failing to keep a proper and adequate lookout upon the roadway; in acting in a manner that care and caution would not permit under the circurnstances then and there existing; in operating his vehicle at an excessive rate of speed; in operating his vehicle at a speed that due care and caution would not permit under the circumstances; in causing, allowing, and permitting his motor vehicle to strike and come in contact with the Plaintiff's motor vehicle, thereby causing the Plaintiff to sustain serious personal injuries; in failing to be observant of the traffic and roadway conditions; in failing to give any signal, sound, or warning; in failing to give the Plaintiff any notice or warning of the impending danger and impact; in failing to exercise due and required care, caution, and forbearance in the control of his motor vehicle so as to have avoided this accident and the injuries to the Plaintiff; in failing to keep and maintain a proper lookout upon the roadway; in failing to keep and maintain a proper lookout upon the roadway in his direction of travel; in failing to be and remain reasonably alert; in failing to keep a proper vigil upon the roadway; in violating those statutes, ordinances, rules, and regulations in such cases made and provided, of which this Court will take Judicial Notice at the time of the trial of this action; and in being otherwise careless and negligent in the ownership, operation, management, maintenance, and control of his motor vehicle. 7. Plaintiff objects to the within demand as itis in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars. 8. The specific statutes, ordinances, rules and regulations violated by the Defendant, of which this Court will take Judicial Notice at the time of the trialof this action, in addition to any statutes previously plead, are as follows: NYS Vehicle & Traffic Law 375, 1101, 1102, 1105, 1110, 1I 1 1, I113, 1115, 1120, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1130, 1140, 1141, 1142, 1143, I144, 1145, I146, 1160, 1161, 1162, 1163, 1164, 1166, 1170, 1171, 1172, 1203- 1173, 1174, 1175, 1176, 1180, 1180-a, 1181, 1182, 1190, 1192, 1200-a, 1201, 1202, 1203, b, 1225-a, 1226, 1227, 1228, 1229, 1229-b, 1229-c, 1250, 1251, and 1252 of the Vehicle and Traffic Law of the State of New York and sections 4-03, 4-04, 4-05, 4-06, 4-07, 4-08, 4-09, and 4-12 of the Traffic Regulations of the City of New York, along with all other Statutes, Ordinances, Rules and Regulations that the Court will take Judicial Notice of at the time of trial. 9. Plaintiff objects to the within demand as it is in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars. 10. As a result of the subject accident Plaintiff JOSE V. FERNANDEZ suffered the following injuries: ON JANUARY 8™, 2019, PLAINTIFF UNDERWENT LUMBAR PERCUTANEOUS DISCECTOMY, NUCLEUS PULPOSUS ABLATION L5/S1 (CPT 62287) LEVEL (1): 1; ANNULOPLASTY (CPT 22526-59); TRANSFORAMINAL EPIDURAL INJECTION (CPT 64483-59); DISCINJECTION AND RADIOGRAPHIC INTERPRETATION (ClY 62290-59, 72295). FILED: KINGS COUNTY CLERK 06/12/2020 03:11 PM INDEX NO. 519845/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2020 ON SEPTEMBER 26", 2018, PLAINTIFF UNDERWENT INTERLAMINAR EPIDURAL STEROID INJECTION AT THE L5-S1 LEVEL; DIAGNOSTIC INTRAOPERATIVE EPIDUROGRAM MRI OF THE LEFT SHOULDER ON JUNE 30™, 2018, REVEALED THE FOLLOWING: MODERATE ROTATOR CUFF TENDINITIS AND BURSITIS MRI OF THE RIGHT ANKLE ON JULY 19™, 2018, REVEALED THE FOLLOWING: PRESENCE OF ANKLE JOINT FLUID COMPATIBLE WITH SYNOVITIS; PES PLANUS DEFORMITY FOR WHICH WEIGHT BEARING X-RAYS ARE RECOMMENDED FOR CONFIRMATION; FLUID AROUND THE MYOTENDINOUS PORTION OF THE FLEXOR HALLUCIS LONGUS COMPATIBLE WITH FHL TENDONOPATHY; PTT HYPERTROPHIC TEAR MRI OF THE RIGHT KNEE ON JULY 19", 2018, REVEALED THE FOLLOWING: PRESENCE OF JOINT FLUID COMPATIBLE WITH SYNOVITIS; POPLITEUS TENDON STRAIN/INTERSTITIAL TEAR WITH ASSOCIATED TENDONOPATHY/ TENOSYNOVITIS 27" MRI OF THE LUMBAR SPINE ON JULY , 2018, REVEALED THE FOLLOWING: PRESENCE OF BULGING DISC AT L1-2 WITHOUT STENOSIS; BULGING DISC AT L2-3 WITH THECAL SAC IMPINGEMENT; BULGING DISC AT L3-4 WITHOUT STENOSIS; BULGING DISC AT L4-5 WITH LIMITED BIFORAMINAL EXTENSION; BULGING DISC AT L5-S1 WITH IMPINGEMENT UPON THE THECAL SAC AND ORIGINATING S1 ROOTS MRI OF THE LUMBAR SPINE ON DECEMBER 21", 2018, REVEALED THE FOLLOWING: L5/S1 CENTRAL FOCAL DISC HERNIATION DEFORMING THE ANTERIOR EPIDURAL FAT WITH DECREASED CONSPICUITY ON FLEXION VIEW; LUMBAR SPINE STRAIGHTENING X-RAY OF THE SI JOINTS ON SEPTEMBER 26™, 2018, REVEALED THE FOLLOWING: SACRO-ILIAITIS OF THE LEFT SI JOINT CERVICAL PARASPINAL MUSCLE AND LIGAMENT SPRAINS/ STRAINS CERVICALGIA RADICULOPATHY, CERVICAL REGION LUMBAR PARASPINAL MUSCLE AND LIGAMENT SPRAINS/ STRAINS RADICULOPATHY, LUMBOSACRAL REGION LEFT SHOULDER/ UPPER ARM MUSCLE AND LIGAMENT SPRAINS/ STRAINS RIGHT KNEE SPRAINS/STRAINS FILED: KINGS COUNTY CLERK 06/12/2020 03:11 PM INDEX NO. 519845/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2020 RIGHT ANKLE PAIN HYPERTENSION POST TRAUMATIC STRESS The above injuries are accompanied by severe pain, tenderness, swelling, stiffness, discomfort, distress, weakness, depression, stress, psychological difficulties, restriction of motion and with related injuries, damages, compromise and degeneration of the underlying soft tissues, blood vessels, bones, nerves, tendons, ligaments and musculature and all of the natural consequences flowing therefiom. Psychological embarrassment due to impairment and deformities causing the Plaintiff to make both conscious and subconscious efforts to limit the use and visibility of those impairments. As a result of the above injuries, Plaintiff has suffered and continues to suffer severe pains in the head, severe and persistent headaches, dizziness, nervousness, tension, vertigo, anxiety, irritability, emotional anguish, depression and distress, loss of appetite and difficulty sleeping. Plaintiff has further suffered and continues to suffer severe pain and difficulty with prolonged sitting, standing, walking, bending, climbing stairs,lifting or carrying heavy objects, performing strenuous activities,finding a comfortable position or sleeping. Anxiety, tension, difficulty sleeping, personality changes, depression, anhedonia and distress. Impairment of spinal integrity and exacerbation of any pre-existing symptomatic and/or asymptomatic spondylitic changes, osteoporosis, arthritis, hypertrophic vertebral changes, narrowing of vertebral spaces, degenerative vertebral or disc changes. Aggravation, activation and/or precipitation of any underlying hypertrophic, degeñêrative, arthritic, circulatory, arterial,venous or systemic condition complained of. Any and all of the above injuries at/or near any body joint will result in traumatic arthritis and/or onset of arthritis, osteoarthritic involvement, osteoporosis and/or necrosis at an earlier age, at an accelerated rate and with greater severity than would have otherwise occurred. All of the above injuries are permanent in nature and duration, and were caused, precipitated, aggravated and/or exacerbated by the aforementioned occurrence. All of the above injuries are permanent in nature and duration. I1. Plaintiff objects to the within demand as it is in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars, except to state see Plaintiff's Exchange of Medical Information. FILED: KINGS COUNTY CLERK 06/12/2020 03:11 PM INDEX NO. 519845/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2020 12. Plaintiff was confined to bed for one (1) day following the subject accident, and intermittently until present time; Plaintiff was confined to home for eight (8) days following the subject accident and intermittently until present time. 13. Plaintiff objects to the within demand as it is in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars, except to state that Plaintiff was incapacitated from the employment duties for eight (8) days following the subject accident and intermittently until present time, however is not pursuing claim for loss of wages, and also to state that Plaintiff was incapacitated from household duties for eight (8) days following the subject accident and intermittently until present time. 14. Plaintiff claims the following amounts as special damages incurred to date and to be incurred in the future: a. Physician Services, to date and continuing, in the amount of.......................$250,000.00 b. Medical Expenses, to date and continuing, in the amount of........................$250,000.00 c. Nursing Expenses, to date and continuing, in the amount of........................$100,000.00 d. Hospital Expenses, to date and continuing, in the amount of.......................$250,000.00 e. Diagnostic Studies, to date and continuing, in the amount of........................$50,000.00 f. Chiropractors, to date and continuing, in the amount of..............................$100,000.00 g. Physiotherapists, to date and continuing, in the amount of ....................$250,000.00 h. Drugs and medications, to date and continuing, in the arnount of ............$250,000.00 i. Loss Earnings, to date and continuing, in the amount of ...............................N/A j. Plaintiff objects to the within demand as it is form of an interrogatory, evidentiary in nature beyond the scope of CPLR §3043, and nor proper for a Bill of Particulars, overly broad, unduly burdensome, and otherwise improper, except to state that Plaintiff claims pain management treatment to date and continuing, in the amount of $250,000.00; Plaintiff claims total damages in the amount of ten million ($10,000,000.00) dollars. 15. Plaintiff objects to the within demand as itis in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars. 16. Plaintiff objects to the within demand as itis in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars. 17. Plaintiff objects to the within demand as it is in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars, except to state that Plaintiff is not pursuing claim for loss of wages. 18. Plaintiff objects to the within demand as it is in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars, except to state that Plaintiff was not a student at the time of the subject accident. 19. Plaintiff objects to the within demand as it is in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars. 20. Plaintiff has sustained serious peisonal injury and/or economic losses in excess of FILED: KINGS COUNTY CLERK 06/12/2020 03:11 PM INDEX NO. 519845/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2020 the basic economic losses as defined in §5102 of the Insurance Law of the State of New York, by reason of the aforementioned personal injuries, permanent consequential limitation of use of a body organ or member, significant limitation of use of body function or systems of the injured parts, with permanent pain, limitation and impairment, and determined or medically injury impairment which prevented plaintiff from performing substantially all of the material acts which constitute plaintiffs usual and customary daily activities for not less than 90 days during the 180 days irnmediately following the occurrence of the injury or impairment. 21. Plaintiff objects to the within demand as it is in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars. (1" See: Harris v. Ariel Transp. Corp., 37 A.D.3d 308, 830 N.Y.S.2d 121, Dep't, 2007). 22. Plaintiff objects to the within demand as it is in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars. 23-24. Plaintiff objects to the within demand as it is in the form of an interrogatory, evidentiary in nature, beyond the scope of CPLR §3043, and not proper for a Bill of Particulars, except to state that no claim for loss of consortium is made at this time. PLEASE TAKE NOTICE, that Plaintiff reserves the right to amend and/or supplement this response at any time up to and including at the time of trial f thisaction. Dated: Brooklyn, New York January 31", 2019 . - Yours, etc., Victoria Hovsep an, Esq. Joshua Brian Irwin, P.C. Attorneys for Plaintiff 86"' 2171 Street, Suite 2 Brooklyn, New York 11214 Tel: (718)449-7491 TO: BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P,C., Attorneys for Defendant 1 Metrotech Center, 8th Floor Brooklyn, New York 11201 Tel: (212) 857-8230