Preview
FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018
FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
MIRIAM GALEANO VERGARA, Index No,: 703599/2018
VERIFIED BILL
Plaintiff,
OF PARTICULARS
-against-
LITTLE RICHIE BUS CO., LITTLE RICHIE BUS
SERVICE INC and ADOLFO V. BELTRE,
Defendants.
Plaintiff, by the undersigned attorney, WILLIAM SCHWITZER & ASSOCIATES, P.C.,
responding to defendants LITTLE RICHIE BUS CO., LITTLE RICHIE BUS SERVICE INC
and ADOLFO V. BELTRE'S, demand for a billof particulars, alleges, upon information and
belief, as follows:
Plaintiffs'
1. Plaintiff's name is MIRIAM GALEANO VERGARA. address is
w York 11356.
2. Plaintiff's date of birth is ( J.
3. Plaintiff objects to the disclosure of her social security number on privacy
grounds and as outside the scope of a bill of particulars.
4. The occurrence took place on September 7, 2017 at approximately 8:00AM.
5. The approximate location of the occurrence is Jewel Avenue at or near Van Wyck
Boulevard in the County of Queens, City and State of New York.
6. The defendant was careless reckless and/or negligent as follows:
-In disregarding a traffic signal/control dcvicc;
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-In failing to yield the right of way;
-In operating said motor vehicle at an unreasonable. unsafe.
excessive and illegal rate of speed under the circumstances then
and there prevailing;
-In failing to be alert, attentive and vigilant:
-In failing to keep a proper lookout:
-In failing to have said motor vehicle under reasonable and proper
control;
-In failing to timely see the other motor vehicle;
-In causing said motor vehicle to come in contact and collide with
other motor vehicle and objects;
-In failing to timely and properly apply brakes;
-In failing to timely and properly turn steering mechanisms;
P ~~' ~ I 1 1
-In failing to timely and properly sound horn:
ol'
-In failing to give any signal, notice or warning of said motor
vehicle's approach;
-[n failing to observe the road and the presence 01 other vehicles on
the road;
n)ot())'
-In operating the motor vehicle that the defendant(s) were
operating in an unsafe manner or location:
-In failing to take steps and/or actions necessary to avoid the
accident;
-In operating said motor vehicle in violation of applicable statute,
laws, rules, regulations and ordinances including but not limited to
ol'
the State of New York and in othern ise operating the vehicle of
reckless Unde)'
defendant(s) in 11 careless. and negligent manner, under
the circumstances prevailing at the time of the accident;
»lou;Ind'I)I.
-In failing to properly slow and/or stop while approaching other
vch)clc»:
vchiclcs:
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-In operating the motor vehicle while said vehicle were
mechanically defective and out of repair.
-In failing to apply the brakes of the motor vehicle of the
defendant(s) in time to avoid colliding with the vehicles and
objects;
-In failing to stop the vehicle that the defendant(s) were operating
in a safe manner or location;
-In failing to take steps and/or actions necessary to avoid the
accident;
The aforesaid accident was due solely and wholly as a result of the of the careless
and negligent manner in which the defendants owned, operated, maintained and controlled the
aforesaid location, without the plaintiff in any way contributing thereto.
defendants'
7. Plaintiff objects to demand regarding points of contact as this demand
is evidentiary in nature and beyond the scope of the bill of particulars.
8. Defendants violated all applicable sections of the New York State Vehicle and
Traffic Law and the New York City Traffic Rules and Regulations concerning 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, Sections 388; 1101; 1110; 1111; 1111-a; 1140; 1142; 1143; 1146;
1172; 1180; 1180-a; 1212; 1226; 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 applicable statutes,
ordinances, rules and regulations that the Court will take Judicial Notice of at the time of trial.
9-10. There is no property damage claim at this time.
11. The following injuries were caused, aggravated, accelerated, precipitated and/or
defendants'
enhanced as a result of negligence:
CERVICAL SPINE:
C6-7 disc herniation;
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- C4-5 disc bulge;
- C5-6 disc bulge;
As a result of the aforementioned injuries, plaintiff was required to undergo the
following operative procedure performed by Dr. Vadim Lerman, M.D., on December 7,
2017 at Nassau University Medical Center:
Procedure:
Anterior cervical diskectomy, C6-C7
- Anterior C6-C7
instrumentation,
Placement of interbody cage, C6-C7
Use of allograft fluoroscopy, microscope, neuromonitoring
Description of Procedure:
The patient was greeted in the preoperative holding area and was correctly identified and
marked. She was brought to the operating room and was successfully intubate by the Anesthesia
team, She was transferred to the hospital bed and all bony prominences were well padded, Arms
were secured at the side and the shoulders were taped down to allow for visualization under
fluoroscopic image, An IV bag was placed between the shoulder blades to elevate the thorax, and
the cervical spine was placed in gentle cervical extension. Under fluoroscopic guidance, the
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correct C6-C7 disk level was identified and marked on the skin. A time-out procedure was
performed in accordance with hospital policy and the patient received IV antibiotics and 10mg of
Decadron.
A 2cm incision was made in line with Langer's lines centered over the C6-C7 disk space.
Sharp dissection was continued down to the platysma that was transected, A handheld medial
Cloward retractor was used to protect the midline structures and blunt dissection was continued
down through the interval between the trachea, esophagus and the carotid sheath. The superficial
and deep cervical fascia were elevated and the prevertebral fascia was elevated with
electrocautery. The blunt dissection was continued and the correct disk level was identified and
marked with a bent spinal needle. After the level was confirmed under fluoroscopic image, the
longus coli muscles were elevated to both sides and the self-retaining mediolateral retractors
were placed followed by Caspar pin in the vertebral body of C5, C6 and C7, The distractor was
placed and the microscope was introduced.
Using a 415 blade, the annulotomy was performed and the anterior annulus was released
and removed with pituitary. Acute diskectomy was completed with a combination of bur,
curettes, Kerrison rongeurs and pituitary, the diskectomy was completed laterally to the
uncinated joints and posteriorly to the posterior longitudinal ligament. There was a large tear in
the posterior annulus with disc material into the spinal canal. Using a micropituitary
herniating
rongeur, the herniated material was removed. The posterior longitudinal ligament was
completely resected and the nerve roots were evaluated exiting into the foramen. The
foraminotomies were completed with a 82 Kerrison and there was excellent
bilaterally
decompression of the exiting nerve roots. We then turned our attention to the endplate
preparation.
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Using a bur the endplates of C6 and C7 were prepared for fusion down to bleeding
cancellous bone. The appropriate size trial was then placed followed by placement of the
appropriate size interbody cage that was filled with demineralized bone matrix and allograft
Drill holes were placed into the vertebral bodies of C6 and C7 and the anterior instrumentation
was completed using screws. The screws were placed and final tightening was performed.
Fluoroscopic images were taken to confirm appropriate positioning and the orthogonal views
confirmed excellent position. The wound was thoroughly irrigated with normal saline and a
second look was made to make sure excellent hemostasis. The closure was performed in a
layered fashion after a size 7 JP drain was placed. Closure was performed with 2-0 Vicryl, 3-0
Vicryl, 4-0 Monocryl, and Dermabond and Steri-Strips was placed over the incision. The patient
was successfully extubated and was taken to recovery room in stable condition.
As a result of the aforementioned injuries, plaintiff was required to undergo the
following operative procedure performed by Dr. Leon Reyfman, M.D., on November 8,
2017 at bland Ambulatory Surgery Center:
Procedure:
- Interlaminar Epidural Steroid Injection
Description of Procedure:
, The above noted patient has been seen and has a positive history and/or physical/imaging
exam. The above noted diagnoses have been established and the patient has failed basic non-
invasive conservative treatment. The different options both non-surgical/surgical and risks
benefits have been explained in simple laymen's terms to the patient/family including
complications such as bleedings, allergic reaction, infection, and other complications up to and
including death. Informed consent was obtained after the risks, benefits, and alternatives
explained to the patient. Patient was brought to the procedure room and placed in the prone
position. Standard ASA monitors were then applied. Confirmation of the procedure was obtained
from the patient. The skin overlying the area to be injected was cleaned in a sterilefashion using
betadine. Sterile drape was placed around the area to be injected. The overlying skin was
5/8"
anesthetized with 1% Lidocaine using 256 needle. The level to be accessed was identified
under fluoroscopy. An 18g Tuahy needle was advanced under fluoroscopic guidance into the
epidural space. Epidural space identified by positive loss of resistance, and confirmed with
lateral view. Intravascular and intrathecal injection was excluded. There were no parasthesias
during the needle placement. After negative aspiration, a 5cc mixture of 2cc of 1% lidocaine
MPF, 2cc sterile NS and 80mg's (1ce) of DepoMedrol injected at the level mentioned. The
needle was then withdrawn, flushed with NS and then removed. The patient tolerated procedure
well. A&Ox3, VSS, discharged in good & stable condition.
As a result of the aforementioned injuries, plaintiff was required to undergo the
operative procedure performed Dr. Leon Reyfman, M.D., on October 30, 2017
following by
at Island Ambulatory Surgery Center:
FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018
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Procedure:
- Interlaminar Epidural Steroid Injection
Description of Procedure:
The above noted patient has been seen and has a positive history and/or physical/imaging
exam. The above noted diagnoses have been established and the patient has failed basic non.
invasive conservative treatment. The different options both non-surgical/surgical and risks
benefits have been explained in simple laymen's terms to the patient/family including
complications such as bleedings, allergic reaction, infection, and other complications up to and
including. death, Informed consent was obtained after the risks, benefits, and alternatives
explained to the patient. Patient was brought to the procedure room and placed in the prone
position. Standard ASA monitors were then applied. Confirmation of the procedure was obtained
from the patient. The skin overlying the area to be injected was cleaned in a sterilefashion using
betadine. Sterile drape was placed around the area to be injected. The overlying skin was
5/8"
anesthetized with 1% Lidocaine using 25G needle, The level to be accessed was identified
under fluoroscopy. An 18g Tuohy needle was advanced under fluoroscopic guidance into the
epidural space. Epidural space identified by positive loss of resistance, and confirmed with
lateral view, Intravascular and intrathecal injection was excluded. There were no parasthesias
during the needle placement. After negative aspiration, a 5cc mixture of 2cc of 1% lidocaine
MPF, 2cc sterile NS and 80mg's (1cc) of DepoMedral injected at the level mentioned. The
needle was then withdrawn, flushed with·NS and then removed. The patient tolerated procedure
well. A&Ox3, VSS, discharged in good & stable condition.
- Sprain and strain;
-
Spasm;
- . Radiculopathy;
- Post-traumatic arthritis;
- Post-Surgical scarring;
- Adjacent segment degeneration;
- Severe and
pain, swelling tenderness;
- nerve pain and
Striking numbness;
- Marked restriction in range of motion; .
- Need for injections;
Need for future surgery,
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As a result of the foregoing plaintiff suffers from severe pain, swelling and tenderness of
the cervical spine resulting in loss of strength, loss of function, loss of motion, restriction of
movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels,
muscles, tendons and ligaments with resulting pain, deformity and disability. The foregoing
injuries predispose plaintiff to adjacent segment degeneration.
LUMBOSACRAL SPIÑE:
- L5-SI annular tear;
- L5-Sl disc herniation/bulge;
- L3-4 disc bulge;
- L4-5 disc bulge;
- Internal derangement;
- Sprain and strain;
-
Spasm;
-
Radiculopathy;
- Post traumatic
.. . arthritis;
- Severe and
pain, swelling tenderness;
- nerve pain and
Striking numbness;
- Marked restriction in range of motion;
- Need for injections;
- Need for future surgery.
As a result of the foregoing plaintiff suffers from severe pain, swelling and tenderness of
the lumbaosacral spine resulting in loss of strength, loss of function, loss of motion, restriction of
.movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels,
muscles, tendons and ligaments with resulting pain, deformity and disability. The foregoing
injuries predispose plaintiff to adjacent segment degeneration.
LEFT SHOULDER
Supraspinatus tendon tear;
FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018
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. .
- Impingement syndrome;
- Internal derangement;
- Sprain and strain;
- Post traumatic arthritis;
- Severe and
pain, swelling tenderness;
..
- nerve pain and
Striking numbness;
- Marked restriction in range of motion;
- Need for injections;
- Need for future surgery.
As a result of the foregoing, plaintiff suffers from severe pain, swelling and tenderness of
the left shoulder resulting in loss of strength, loss of function, loss of motion, restriction of
movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels,
muscles, tendons and ligaments with resulting pain, deformity and disability.
HEAD
- Post-traumatic headaches;
-
Dizziness;
- pain to other
Radiating extremities;
- Marked restriction in range of motion;
- Severe pain and tenderness.
As result of the foregoing the plaintiff suffers from severe pain, swelling and tenderness of
the head resulting in loss of strength, loss of function, loss of motion, restriction of movement, all
with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and
ligaments with resulting pain, deformity and disability.
RIGHT SHOULDER
- Internal derangement;
Sprain and strain;
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- Post traumatic arthritis;
- Severe and
pain, swelling tenderness;
- nerve pain and
8triking numbness;
- Marked restriction in range of motion;
- Need for injections;
- Need for future surgery.
As a result of the foregoing, plaintiff suffers from severe pain, swelling and tenderness of
the right shoulder resulting in loss of strength, loss of function, loss of motion, restriction of
movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels,
muscles, tendons and ligaments with resulting pain, deformity and disability.
The foregoing injuries directly affected the bones, tendons, tissues, muscles ligaments,
nerves, blood vessels and soft tissue in and about the involved areas and sympathetic and
radiating pains from all of which plaintiff suffered, stillsuffers and may permanently suffer.
As a result of the accident and the injuries herein sustained, plaintiff suffered a severe
shock to her nervous system. The foregoing injuries impaired the general health of plaintiff.
Plaintiff verily believes that all of the injuries hereinabove sustained, with the exception of
bruises and contusions, are permanent and progressive in nature,
Plaintiff may permanently suffer from the aforesaid injuries and from its effects upon her
nervous system and may limit her activities in her employment and her life. Plaintiff may be
restricted in her normal life and activities and may permanently require medical and neurological
care and attention.
Upon information and belief, all of the above injuries, their residuals and sequelae are
permanent, continuing and progressive in nature, except for objective signs of contusions and
abrasions. In addition, the above injuries have caused plaintiffto complain and suffer pain in those
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areas surrounding the injured tissue and affecting the fidl,normal and free function of the injured
region, all of which stillhave residual conditions which stillexist and which, upon information and
belief, except for those of superficial nature, will be permanent.
Further, upon information and belief, plaintiff has changes
arthritic as a result of the injuries
described which may require future surgical procedures and medical care.
All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and
involvements are associated with further soft tissue injuries to the areas traumatically affected,
including some or all of the following: tearing, derangement and damage to the associated muscle
groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific
injuries related to the specific portions of the body mentioned hereinabove, with resultant hemorrhage,
pain, ecchymosis, deformity and disability; stiffness, tenderness, weakness and partial restriction and
limitation of motion, pain on motion and loss of use of the abovementioned parts; atrophy, anxiety
and mental anguish; all of which have substantially prevented plaintiff from enjoying the normal
fruitsof social activities.
Plaintiff suffered, stillsuffers, and upon information and belief, will continue to suffer pain,
discomfort and limited movement of the injured portions of her body, including the adjacent and
surrounding muscles, tendons, nerves, joints, fascia,vessels and soft tissues.
To the extent defendants claim that injuries sustained plaintiff were caused pre-
any by by
conditions and/or degenerative plaintiff alleges that so claimed pre-
existing conditions, any
existing and/or degenerative conditions were latent, inactive and dormant and were exacerbated,
activated and/or aggravated by the acts and omission of defendants giving rise to the accident and
injuries set forth herein.
Plaintiff reserves the right to prove and all further consequences and any and all
any
I
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FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018
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I
I
further medical expenses up to and at the time of trial.
I
defendants'
12. Plaintiff objects to demand regarding treating facilities as this demand
is evidentiary in nature and outside the scope of a bill of particulars. However, without waiving
plaintiffs' defendants'
the objection, plaintiffs refer defendants to response to combined demands
for authorizations to obtain relevant medical records.
13. Upon information and belief, plaintiff has been confined to bed and home from the
date of the accident intermittently and continue to be confined to bed and home on an intermittent
I
basis.
I
14. There is no loss of earnings claim at thistime.
I
15. Plaintiff is currently unaware of the total billing amounts. However, plaintiff is
providing defendants with authorizations to all medical providers under a separate cover. The
following is an approximation of the costs, expenses, and special damages incurred by plaintiff:
Physicians'
(a) services: Estimated $100,000 and continuing,
(b) Medical supplies: Included in (a) herein;
Nurses'
(c) services: Included in (a) herein;
(d) Hospital expenses: Included in (a) herein;
(e) X-ray expenses: Included in (a) herein
(f)Chiropractors: Included in (a) herein;
(g) Physiotherapists: Included in (a) herein;
(h) Drugs and medications: Included in (a) herein;;
(i)Loss of earnings: P Laintiff is not claiming loss of earnings at
this time;
(j)Any other items of special damages: Plaintiffs are claiming past, present and future
medical billsand past, present and future pain
and suffering, amounts which will be
determined at trial by the trier of fact.
Plaintiffs'
specials are continuing and
plaintiffs reserve the right to prove any
additional and future cost at tlietime of trial,
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16-17. There is no claim for loss of earnings at thistime.
18. Not applicable as to student.
defendants'
19. Plaintiff objects to demand regarding collateral source information as
I
this demand is evidentiary in nature and beyond the scope of the bill of particulars. However,
plaintiffs' defendants'
without waiving the objection, plaintiffs refer defendants to response to
combined demands for an authorization to obtain relevant collateral source information.
20. Plaintiff has sustained serious injuries as defined in §5102, etc., of the Insurance
I
Law of the State of New York in that she has sustained a significant loss of use of a body organ,
member, function or system; a significant limitation of use of a body function or system; a
significant consequential limitation of use of a body function or system; and a medically
determined injury or impairment of a non-pennanent nature which prevents plaintiff from
plaintiffs'
performing all of the material acts which constitutes usual and customary daily
I
activities for not less than ninety (90) days during the one hundred eighty (180) days
1
immediately following the occurrence of the injury or impairment, and/or permanent pain.
Plamtift has sustamed economic loss greater than basic economic loss as dehned in, etc.,
of the Insurance Law of the State of New York in that plaintiff has, or will in the future, incur
medical hospital and other necessary expenses that have or will exceed fifty thousand dollars.
defendants'
21. Plaintiff objects to demand regarding pre-existing conditions as this
demand is evidentiary in nature and outside the scope of a bill of particulars.
22. Plaintiff has not brought a claim for loss of services at thistime.
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PLEASE TAKE FURTHER NOTICE, that plaintiff reserves the right to serve an
amended and/or supplemental bill of particulars in connection with all claims, including those of
continuing special damages and disabilities,at any time prior to the trialof this action.
Dated: New York, New York
June 4, 2018
Y etc.,
LL SC TZER ASSOCIATE .G;
A. Berger, Esq.
Att rneys for Plaintiff
MI AM GALE VE ARA
82 2nd Avenue, 1 or
N York, New Y 10017
( 2) 683-3800
ileNo.: SJI18-001
TO:
BAMUNDO, ZWAL & SCHERMERHORN, LLP
Attorneys for Defendants
LITTLE RICHIE BUS CO.,
LITTLE RICHIE BUS SERVICE INC
and ADOLFO V. BELTRE,
111 John Street, Suite 1100
New York, New York 10038
(212) 608-8840
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK, COUNTY OF NEW YORK
I, the undersigned, an attorney admitted to practice in the courts of New York State, state under
penalty of perjury that I am one of the attorneys for plaintiff in the within action; I have read the
foregoing VERIFIED BILL OF PARTICULARS and know the contents thereof; the same istrue to
my own knowledge, except as to the matters therein stated to be alleged on information and belief,
and as to those matters I believe to be true. The reason this verification is made by me and not by
my client, is thatmy client isnot presently in the County where I maintain my offices. The grounds
of my belief as to allmatters not stated upon my own knowledge are the materials in my file and the
investigations conducted by my office.
Dated: New York, New York
June 4, 2018
D 'e A. Berger, Esq.
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK, )
COUNTY OF NEW YORK )
I,EVGENIYA SMERTINA, being sworn, say; I am not a party to the action, and over 18
years of age and reside in KINGS COUNTY, NEW YORK.
On June 4, 2018, I served the within VERIFIED BILL OF PARTICULARS by depositing
a true copy thereof enclosed in a post-paid wrapper, in an officialdepository under the exclusive
care and custody of the U.S. Postal Service within New York State, addressed to each of the
following persons at the last known address set forth aftereach name:
TO: BAMUNDO, ZWAL & SCHERMERHORN, LLP
111 John Street, Suite 1100
New York, New York 10038
E 6 A ERTINA
Sw rn to before e on this day
Jun 4,1018
NOT
Preview
FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS MIRIAM GALEANO VERGARA, Index No,: 703599/2018 VERIFIED BILL Plaintiff, OF PARTICULARS -against- LITTLE RICHIE BUS CO., LITTLE RICHIE BUS SERVICE INC and ADOLFO V. BELTRE, Defendants. Plaintiff, by the undersigned attorney, WILLIAM SCHWITZER & ASSOCIATES, P.C., responding to defendants LITTLE RICHIE BUS CO., LITTLE RICHIE BUS SERVICE INC and ADOLFO V. BELTRE'S, demand for a billof particulars, alleges, upon information and belief, as follows: Plaintiffs' 1. Plaintiff's name is MIRIAM GALEANO VERGARA. address is w York 11356. 2. Plaintiff's date of birth is ( J. 3. Plaintiff objects to the disclosure of her social security number on privacy grounds and as outside the scope of a bill of particulars. 4. The occurrence took place on September 7, 2017 at approximately 8:00AM. 5. The approximate location of the occurrence is Jewel Avenue at or near Van Wyck Boulevard in the County of Queens, City and State of New York. 6. The defendant was careless reckless and/or negligent as follows: -In disregarding a traffic signal/control dcvicc; FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 -In failing to yield the right of way; -In operating said motor vehicle at an unreasonable. unsafe. excessive and illegal rate of speed under the circumstances then and there prevailing; -In failing to be alert, attentive and vigilant: -In failing to keep a proper lookout: -In failing to have said motor vehicle under reasonable and proper control; -In failing to timely see the other motor vehicle; -In causing said motor vehicle to come in contact and collide with other motor vehicle and objects; -In failing to timely and properly apply brakes; -In failing to timely and properly turn steering mechanisms; P ~~' ~ I 1 1 -In failing to timely and properly sound horn: ol' -In failing to give any signal, notice or warning of said motor vehicle's approach; -[n failing to observe the road and the presence 01 other vehicles on the road; n)ot())' -In operating the motor vehicle that the defendant(s) were operating in an unsafe manner or location: -In failing to take steps and/or actions necessary to avoid the accident; -In operating said motor vehicle in violation of applicable statute, laws, rules, regulations and ordinances including but not limited to ol' the State of New York and in othern ise operating the vehicle of reckless Unde)' defendant(s) in 11 careless. and negligent manner, under the circumstances prevailing at the time of the accident; »lou;Ind'I)I. -In failing to properly slow and/or stop while approaching other vch)clc»: vchiclcs: FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 -In operating the motor vehicle while said vehicle were mechanically defective and out of repair. -In failing to apply the brakes of the motor vehicle of the defendant(s) in time to avoid colliding with the vehicles and objects; -In failing to stop the vehicle that the defendant(s) were operating in a safe manner or location; -In failing to take steps and/or actions necessary to avoid the accident; The aforesaid accident was due solely and wholly as a result of the of the careless and negligent manner in which the defendants owned, operated, maintained and controlled the aforesaid location, without the plaintiff in any way contributing thereto. defendants' 7. Plaintiff objects to demand regarding points of contact as this demand is evidentiary in nature and beyond the scope of the bill of particulars. 8. Defendants violated all applicable sections of the New York State Vehicle and Traffic Law and the New York City Traffic Rules and Regulations concerning 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, Sections 388; 1101; 1110; 1111; 1111-a; 1140; 1142; 1143; 1146; 1172; 1180; 1180-a; 1212; 1226; 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 applicable statutes, ordinances, rules and regulations that the Court will take Judicial Notice of at the time of trial. 9-10. There is no property damage claim at this time. 11. The following injuries were caused, aggravated, accelerated, precipitated and/or defendants' enhanced as a result of negligence: CERVICAL SPINE: C6-7 disc herniation; FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 - C4-5 disc bulge; - C5-6 disc bulge; As a result of the aforementioned injuries, plaintiff was required to undergo the following operative procedure performed by Dr. Vadim Lerman, M.D., on December 7, 2017 at Nassau University Medical Center: Procedure: Anterior cervical diskectomy, C6-C7 - Anterior C6-C7 instrumentation, Placement of interbody cage, C6-C7 Use of allograft fluoroscopy, microscope, neuromonitoring Description of Procedure: The patient was greeted in the preoperative holding area and was correctly identified and marked. She was brought to the operating room and was successfully intubate by the Anesthesia team, She was transferred to the hospital bed and all bony prominences were well padded, Arms were secured at the side and the shoulders were taped down to allow for visualization under fluoroscopic image, An IV bag was placed between the shoulder blades to elevate the thorax, and the cervical spine was placed in gentle cervical extension. Under fluoroscopic guidance, the I correct C6-C7 disk level was identified and marked on the skin. A time-out procedure was performed in accordance with hospital policy and the patient received IV antibiotics and 10mg of Decadron. A 2cm incision was made in line with Langer's lines centered over the C6-C7 disk space. Sharp dissection was continued down to the platysma that was transected, A handheld medial Cloward retractor was used to protect the midline structures and blunt dissection was continued down through the interval between the trachea, esophagus and the carotid sheath. The superficial and deep cervical fascia were elevated and the prevertebral fascia was elevated with electrocautery. The blunt dissection was continued and the correct disk level was identified and marked with a bent spinal needle. After the level was confirmed under fluoroscopic image, the longus coli muscles were elevated to both sides and the self-retaining mediolateral retractors were placed followed by Caspar pin in the vertebral body of C5, C6 and C7, The distractor was placed and the microscope was introduced. Using a 415 blade, the annulotomy was performed and the anterior annulus was released and removed with pituitary. Acute diskectomy was completed with a combination of bur, curettes, Kerrison rongeurs and pituitary, the diskectomy was completed laterally to the uncinated joints and posteriorly to the posterior longitudinal ligament. There was a large tear in the posterior annulus with disc material into the spinal canal. Using a micropituitary herniating rongeur, the herniated material was removed. The posterior longitudinal ligament was completely resected and the nerve roots were evaluated exiting into the foramen. The foraminotomies were completed with a 82 Kerrison and there was excellent bilaterally decompression of the exiting nerve roots. We then turned our attention to the endplate preparation. FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 Using a bur the endplates of C6 and C7 were prepared for fusion down to bleeding cancellous bone. The appropriate size trial was then placed followed by placement of the appropriate size interbody cage that was filled with demineralized bone matrix and allograft Drill holes were placed into the vertebral bodies of C6 and C7 and the anterior instrumentation was completed using screws. The screws were placed and final tightening was performed. Fluoroscopic images were taken to confirm appropriate positioning and the orthogonal views confirmed excellent position. The wound was thoroughly irrigated with normal saline and a second look was made to make sure excellent hemostasis. The closure was performed in a layered fashion after a size 7 JP drain was placed. Closure was performed with 2-0 Vicryl, 3-0 Vicryl, 4-0 Monocryl, and Dermabond and Steri-Strips was placed over the incision. The patient was successfully extubated and was taken to recovery room in stable condition. As a result of the aforementioned injuries, plaintiff was required to undergo the following operative procedure performed by Dr. Leon Reyfman, M.D., on November 8, 2017 at bland Ambulatory Surgery Center: Procedure: - Interlaminar Epidural Steroid Injection Description of Procedure: , The above noted patient has been seen and has a positive history and/or physical/imaging exam. The above noted diagnoses have been established and the patient has failed basic non- invasive conservative treatment. The different options both non-surgical/surgical and risks benefits have been explained in simple laymen's terms to the patient/family including complications such as bleedings, allergic reaction, infection, and other complications up to and including death. Informed consent was obtained after the risks, benefits, and alternatives explained to the patient. Patient was brought to the procedure room and placed in the prone position. Standard ASA monitors were then applied. Confirmation of the procedure was obtained from the patient. The skin overlying the area to be injected was cleaned in a sterilefashion using betadine. Sterile drape was placed around the area to be injected. The overlying skin was 5/8" anesthetized with 1% Lidocaine using 256 needle. The level to be accessed was identified under fluoroscopy. An 18g Tuahy needle was advanced under fluoroscopic guidance into the epidural space. Epidural space identified by positive loss of resistance, and confirmed with lateral view. Intravascular and intrathecal injection was excluded. There were no parasthesias during the needle placement. After negative aspiration, a 5cc mixture of 2cc of 1% lidocaine MPF, 2cc sterile NS and 80mg's (1ce) of DepoMedrol injected at the level mentioned. The needle was then withdrawn, flushed with NS and then removed. The patient tolerated procedure well. A&Ox3, VSS, discharged in good & stable condition. As a result of the aforementioned injuries, plaintiff was required to undergo the operative procedure performed Dr. Leon Reyfman, M.D., on October 30, 2017 following by at Island Ambulatory Surgery Center: FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 Procedure: - Interlaminar Epidural Steroid Injection Description of Procedure: The above noted patient has been seen and has a positive history and/or physical/imaging exam. The above noted diagnoses have been established and the patient has failed basic non. invasive conservative treatment. The different options both non-surgical/surgical and risks benefits have been explained in simple laymen's terms to the patient/family including complications such as bleedings, allergic reaction, infection, and other complications up to and including. death, Informed consent was obtained after the risks, benefits, and alternatives explained to the patient. Patient was brought to the procedure room and placed in the prone position. Standard ASA monitors were then applied. Confirmation of the procedure was obtained from the patient. The skin overlying the area to be injected was cleaned in a sterilefashion using betadine. Sterile drape was placed around the area to be injected. The overlying skin was 5/8" anesthetized with 1% Lidocaine using 25G needle, The level to be accessed was identified under fluoroscopy. An 18g Tuohy needle was advanced under fluoroscopic guidance into the epidural space. Epidural space identified by positive loss of resistance, and confirmed with lateral view, Intravascular and intrathecal injection was excluded. There were no parasthesias during the needle placement. After negative aspiration, a 5cc mixture of 2cc of 1% lidocaine MPF, 2cc sterile NS and 80mg's (1cc) of DepoMedral injected at the level mentioned. The needle was then withdrawn, flushed with·NS and then removed. The patient tolerated procedure well. A&Ox3, VSS, discharged in good & stable condition. - Sprain and strain; - Spasm; - . Radiculopathy; - Post-traumatic arthritis; - Post-Surgical scarring; - Adjacent segment degeneration; - Severe and pain, swelling tenderness; - nerve pain and Striking numbness; - Marked restriction in range of motion; . - Need for injections; Need for future surgery, FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 As a result of the foregoing plaintiff suffers from severe pain, swelling and tenderness of the cervical spine resulting in loss of strength, loss of function, loss of motion, restriction of movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments with resulting pain, deformity and disability. The foregoing injuries predispose plaintiff to adjacent segment degeneration. LUMBOSACRAL SPIÑE: - L5-SI annular tear; - L5-Sl disc herniation/bulge; - L3-4 disc bulge; - L4-5 disc bulge; - Internal derangement; - Sprain and strain; - Spasm; - Radiculopathy; - Post traumatic .. . arthritis; - Severe and pain, swelling tenderness; - nerve pain and Striking numbness; - Marked restriction in range of motion; - Need for injections; - Need for future surgery. As a result of the foregoing plaintiff suffers from severe pain, swelling and tenderness of the lumbaosacral spine resulting in loss of strength, loss of function, loss of motion, restriction of .movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments with resulting pain, deformity and disability. The foregoing injuries predispose plaintiff to adjacent segment degeneration. LEFT SHOULDER Supraspinatus tendon tear; FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 . . - Impingement syndrome; - Internal derangement; - Sprain and strain; - Post traumatic arthritis; - Severe and pain, swelling tenderness; .. - nerve pain and Striking numbness; - Marked restriction in range of motion; - Need for injections; - Need for future surgery. As a result of the foregoing, plaintiff suffers from severe pain, swelling and tenderness of the left shoulder resulting in loss of strength, loss of function, loss of motion, restriction of movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments with resulting pain, deformity and disability. HEAD - Post-traumatic headaches; - Dizziness; - pain to other Radiating extremities; - Marked restriction in range of motion; - Severe pain and tenderness. As result of the foregoing the plaintiff suffers from severe pain, swelling and tenderness of the head resulting in loss of strength, loss of function, loss of motion, restriction of movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments with resulting pain, deformity and disability. RIGHT SHOULDER - Internal derangement; Sprain and strain; FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 - Post traumatic arthritis; - Severe and pain, swelling tenderness; - nerve pain and 8triking numbness; - Marked restriction in range of motion; - Need for injections; - Need for future surgery. As a result of the foregoing, plaintiff suffers from severe pain, swelling and tenderness of the right shoulder resulting in loss of strength, loss of function, loss of motion, restriction of movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments with resulting pain, deformity and disability. The foregoing injuries directly affected the bones, tendons, tissues, muscles ligaments, nerves, blood vessels and soft tissue in and about the involved areas and sympathetic and radiating pains from all of which plaintiff suffered, stillsuffers and may permanently suffer. As a result of the accident and the injuries herein sustained, plaintiff suffered a severe shock to her nervous system. The foregoing injuries impaired the general health of plaintiff. Plaintiff verily believes that all of the injuries hereinabove sustained, with the exception of bruises and contusions, are permanent and progressive in nature, Plaintiff may permanently suffer from the aforesaid injuries and from its effects upon her nervous system and may limit her activities in her employment and her life. Plaintiff may be restricted in her normal life and activities and may permanently require medical and neurological care and attention. Upon information and belief, all of the above injuries, their residuals and sequelae are permanent, continuing and progressive in nature, except for objective signs of contusions and abrasions. In addition, the above injuries have caused plaintiffto complain and suffer pain in those FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 areas surrounding the injured tissue and affecting the fidl,normal and free function of the injured region, all of which stillhave residual conditions which stillexist and which, upon information and belief, except for those of superficial nature, will be permanent. Further, upon information and belief, plaintiff has changes arthritic as a result of the injuries described which may require future surgical procedures and medical care. All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and involvements are associated with further soft tissue injuries to the areas traumatically affected, including some or all of the following: tearing, derangement and damage to the associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries related to the specific portions of the body mentioned hereinabove, with resultant hemorrhage, pain, ecchymosis, deformity and disability; stiffness, tenderness, weakness and partial restriction and limitation of motion, pain on motion and loss of use of the abovementioned parts; atrophy, anxiety and mental anguish; all of which have substantially prevented plaintiff from enjoying the normal fruitsof social activities. Plaintiff suffered, stillsuffers, and upon information and belief, will continue to suffer pain, discomfort and limited movement of the injured portions of her body, including the adjacent and surrounding muscles, tendons, nerves, joints, fascia,vessels and soft tissues. To the extent defendants claim that injuries sustained plaintiff were caused pre- any by by conditions and/or degenerative plaintiff alleges that so claimed pre- existing conditions, any existing and/or degenerative conditions were latent, inactive and dormant and were exacerbated, activated and/or aggravated by the acts and omission of defendants giving rise to the accident and injuries set forth herein. Plaintiff reserves the right to prove and all further consequences and any and all any I I FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 I I further medical expenses up to and at the time of trial. I defendants' 12. Plaintiff objects to demand regarding treating facilities as this demand is evidentiary in nature and outside the scope of a bill of particulars. However, without waiving plaintiffs' defendants' the objection, plaintiffs refer defendants to response to combined demands for authorizations to obtain relevant medical records. 13. Upon information and belief, plaintiff has been confined to bed and home from the date of the accident intermittently and continue to be confined to bed and home on an intermittent I basis. I 14. There is no loss of earnings claim at thistime. I 15. Plaintiff is currently unaware of the total billing amounts. However, plaintiff is providing defendants with authorizations to all medical providers under a separate cover. The following is an approximation of the costs, expenses, and special damages incurred by plaintiff: Physicians' (a) services: Estimated $100,000 and continuing, (b) Medical supplies: Included in (a) herein; Nurses' (c) services: Included in (a) herein; (d) Hospital expenses: Included in (a) herein; (e) X-ray expenses: Included in (a) herein (f)Chiropractors: Included in (a) herein; (g) Physiotherapists: Included in (a) herein; (h) Drugs and medications: Included in (a) herein;; (i)Loss of earnings: P Laintiff is not claiming loss of earnings at this time; (j)Any other items of special damages: Plaintiffs are claiming past, present and future medical billsand past, present and future pain and suffering, amounts which will be determined at trial by the trier of fact. Plaintiffs' specials are continuing and plaintiffs reserve the right to prove any additional and future cost at tlietime of trial, FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 16-17. There is no claim for loss of earnings at thistime. 18. Not applicable as to student. defendants' 19. Plaintiff objects to demand regarding collateral source information as I this demand is evidentiary in nature and beyond the scope of the bill of particulars. However, plaintiffs' defendants' without waiving the objection, plaintiffs refer defendants to response to combined demands for an authorization to obtain relevant collateral source information. 20. Plaintiff has sustained serious injuries as defined in §5102, etc., of the Insurance I Law of the State of New York in that she has sustained a significant loss of use of a body organ, member, function or system; a significant limitation of use of a body function or system; a significant consequential limitation of use of a body function or system; and a medically determined injury or impairment of a non-pennanent nature which prevents plaintiff from plaintiffs' performing all of the material acts which constitutes usual and customary daily I activities for not less than ninety (90) days during the one hundred eighty (180) days 1 immediately following the occurrence of the injury or impairment, and/or permanent pain. Plamtift has sustamed economic loss greater than basic economic loss as dehned in, etc., of the Insurance Law of the State of New York in that plaintiff has, or will in the future, incur medical hospital and other necessary expenses that have or will exceed fifty thousand dollars. defendants' 21. Plaintiff objects to demand regarding pre-existing conditions as this demand is evidentiary in nature and outside the scope of a bill of particulars. 22. Plaintiff has not brought a claim for loss of services at thistime. FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 PLEASE TAKE FURTHER NOTICE, that plaintiff reserves the right to serve an amended and/or supplemental bill of particulars in connection with all claims, including those of continuing special damages and disabilities,at any time prior to the trialof this action. Dated: New York, New York June 4, 2018 Y etc., LL SC TZER ASSOCIATE .G; A. Berger, Esq. Att rneys for Plaintiff MI AM GALE VE ARA 82 2nd Avenue, 1 or N York, New Y 10017 ( 2) 683-3800 ileNo.: SJI18-001 TO: BAMUNDO, ZWAL & SCHERMERHORN, LLP Attorneys for Defendants LITTLE RICHIE BUS CO., LITTLE RICHIE BUS SERVICE INC and ADOLFO V. BELTRE, 111 John Street, Suite 1100 New York, New York 10038 (212) 608-8840 FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 ATTORNEY'S VERIFICATION STATE OF NEW YORK, COUNTY OF NEW YORK I, the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for plaintiff in the within action; I have read the foregoing VERIFIED BILL OF PARTICULARS and know the contents thereof; the same istrue to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe to be true. The reason this verification is made by me and not by my client, is thatmy client isnot presently in the County where I maintain my offices. The grounds of my belief as to allmatters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York June 4, 2018 D 'e A. Berger, Esq. FILED: QUEENS COUNTY CLERK 07/06/2018 03:19 PM INDEX NO. 703599/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 07/06/2018 AFFIDAVIT OF SERVICE STATE OF NEW YORK, ) COUNTY OF NEW YORK ) I,EVGENIYA SMERTINA, being sworn, say; I am not a party to the action, and over 18 years of age and reside in KINGS COUNTY, NEW YORK. On June 4, 2018, I served the within VERIFIED BILL OF PARTICULARS by depositing a true copy thereof enclosed in a post-paid wrapper, in an officialdepository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth aftereach name: TO: BAMUNDO, ZWAL & SCHERMERHORN, LLP 111 John Street, Suite 1100 New York, New York 10038 E 6 A ERTINA Sw rn to before e on this day Jun 4,1018 NOT