Preview
FILED: KINGS COUNTY CLERK 02/14/2019 03:15 PM INDEX NO. 521852/2018
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/14/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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PAUL JOHN CARLI,
Plaintiff,
VERIFIED BILL
-against- OF PARTICULARS
MARIEFLORE POULARD Index No.: 521852/18
and LUCIAN RONALD,
Defendant.
----------------------------------------------------------------------x
Plaintiff Paul John Carli, by and through counsel, Law Office of Vaccaro & White, answers
the Demand for a Bill of Particulars of defendant Marieflore Poulard, dated January 10, 2019, as
follows:
OBJECTIONS AND RESERVATIONS
1. Each demand for particulars is objected to, to the extent that it seeks to impose
obligations beyond those required by the CPLR.
2. Each demand for particulars is objected to, to the extent that it seeks evidentiary
information that is beyond the scope of CPLR §§ 3042 and 3043, or the subject of expert testimony.
3. Each demand for particulars is objected to, to the extent that it seeks a written
answer in the form of an interrogatory. Responses will be provided to interrogatories upon written
receipt of an election by the defendant(s) waiving the right to take deposition testimony, in
accordance with CPLR § 3130.
4. Each demand for particulars is objected to, to the extent that itdemands information
protected by attorney-client or work product privileges, or that constitutes material prepared for
litigation or trial preparation purposes.
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4. Each demand for particulars is objected to, to the extent that itdemands information
protected by attorney-client or work product privileges, or that constitutes material prepared for
litigation or trial preparation purposes.
5. Inadvertent production of any privileged information or materials shall not
constitute a waiver of any privilege or other grounds for objection or right to object with respect
to that information, its subject matter, or the information contained therein.
6. These responses are provided expressly subject to, and without waiving or
intending to waive, any objections as to the competency, relevancy, materiality, privilege, or
admissibility of any of the documents or information produced or of the subject matter thereof,
with respect to any proceeding including the trialof this action or any subsequent proceeding.
7. The information provided in these responses, and any information disclosed by
plaintiff(s) or by a third party pursuant to the authorization of plaintiff(s) in this action, includes
highly sensitive, confidential medical information and other confidential information concerning
plaintiff(s). Such information is provided expressly on condition that itbe used and disclosed only
as reasonably necessary for the defense or prosecution of a claim in this action. Any disclosure,
use or transfer of such information for a different purpose is unauthorized and constitutes a
violation of the privacy and other rights of plaintiff(s).
8. No objection in these responses shall constitute a waiver of the right to disclose or
move the admission of documents, testimony or information in accordance with the CPLR.
9. Each of the foregoing General Objections is hereby incorporated into each of the
responses to the demands set forth below.
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PARTICULARS
1. Paul John Carli,
2. Not Applicable
3. Single
4. 38 Orchard Street, Apartment 3B, New York, New York 10022
5. July 15, 2018, at approximately 7:17 p.m.
6. At the intersection of Atlantic Avenue and Hoyt Street, Brooklyn,
New York
7. Defendants, his/her agent(s), servant(s), and/or employee(s) were
careless and negligent in the ownership, operation, care, custody, charge,
management, maintenance, supervision and control of the vehicle in causing,
permitting and/or allowing the vehicle to come into contact with the plaintiff and/or
his bicycle, in the following particular respects:
• in to yield to the plaintiff, a bicyclist
failing
• in to avoid into contact with plaintiff and/or his bicycle;
failing coming
• in to the vehicle under control;
failing keep
• in to the traffic rules and regulations the operation
failing obey governing
of motor vehicles in the State and City of New York;
• in to give signal or to plaintiff prior to contact;
failing any warning
• in to sound the horn in a proper and manner;
failing timely
• in to use proper and good judgment in the operation of the vehicle;
failing
• in to use all due care and caution in the operation, management and
failing
control of the vehicle;
• in to traffic control devices;
failing obey
• in to yield the right of way;
failing
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• in to observe the traffic signs, signals and regulations at and
failing
governing the aforesaid location;
• in the vehicle at a speed greater than was reasonable and prudent
operating
under the conditions, and without due regard to the actual and potential
hazards then existing.
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, Vehicle and Traffic Law §§ 600, 1146, 1212, 1120, 1122, 1122 (a), 1123, 1128(a),
1145, 1162, 1180 and 1212.
8. INJURIES:
• COMMINUTED FRACTURE IN THE MID SHAFT OF THE LEFT
CLAVICLE
• HAIRLINE FRACTURE, POSTERIOR LEFT FOURTH RIB
• ACUTE MINIMALLY DISPLACED POSTERIOR TO 4™
THROUGH 9™ LEFT RIBS FRACTURES.
• INFILTRATION IN THE POSTERIOR LEFT LUNG LIKELY
REPRESENTING FOCUL PULMONARY CONTUSION INJURIES
ASSOCIATED WITH A SMALL AMOUNT OF FLUID IN THE
EXTRA PLEURAL SPACES CONSISTENT WITH SOME
BLEEDING AROUND THE FRACTURED POSTERIOR LEFT
RIBS
• PULMONARY CONTUSION
• LOSS OF CONSCIOUSNESS
• SHOULDER PAIN
• EDEMA
• BRUISING
9. Plaintiff has suffered and will continue to suffer great pain, anguish
of body and mind, as well as, medical care for a long period of time, by reason of
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the injuries sustained; that plaintiff has sustained pain, sadness and the sequelae of
such injuries and necessary treatment; that plaintiff has sustained a loss of fitness
and deterioration in general physical condition due to disruption of exercise; that
plaintiff has and will continue to receive medical treatment and medicines for which
expenses have, are and will continue to be incurred in an effort to cure and treat
said injuries; thatplaintiff has therefore suffered and the injuries are of a permanent,
protracted and disabling nature and plaintiff has suffered a loss of ability to fully
pursue activities and fully tend to personal needs. All of the above injuries are
believed to be permanent, protracted and disabling in nature. All of the above
injuries are claimed to have permanent effects and some of which may have been
activations and/or exacerbations of pre-existing conditions.
10. Plaintiff objects to said demand as beyond the scope of a Bill of
Particulars in a personal injury lawsuit. See, CPLR § 3043(a). Without waiving
said objection, confined to bed: Approximately Twenty (20) days
11. Plaintiff objects to said demand as beyond the scope of a Bill of
Particulars in a personal injury lawsuit. See, CPLR § 3043(a). Without waiving
said objection, confined to house: Approximately Twenty (20) days
12. Time totally incapacitated from employment: seventy (70) work
days
13. Time partially incapacitated from employment: To be provided
14. SPECIAL DAMAGES:
a) Physician Services: None
b) Medical Supplies: Approximately $ 600.00
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c) Hospital Expenses: Approximately $ 1,500.00
Nurses'
d) Services: None
e) Loss of Earnings: Approximately $ 38,000.00
f) All other special damages: Over-the-Counter Medication: Approximately $
150.00; Prescription Medication: Approximately $ 150.00; Ambulance:
Approximately $ 800.00; Transportation: Approximately 150.00
g) All out of pocket expenses: Transportation: Approximately: $150; Bike
Stolen: to replace bike $ 600, iPhone damage: to replace $570 to replace;
Clothing: Approximately $75 to replace;
15. $750,000
45d' 2nd
16. Theatrical Wardrobe Union Local 764, 545 West Street,
Floor, New York, New York 10036. Costumer
17. Not Applicable
"14.g"
18. See response above
19. Not Applicable
20. Not Applicable
21. Plaintiff sustained a significant limitation of the use of a body
function or system, a fracture, a significant disfigurement; a permanent
consequential limitation of the use a body organ or member and/or a non-permanent
medically determined injury that prevented plaintiff from the performance of her
usual and customary daily activities for 90 of 180 days immediately subsequent to
the injury.
22. Plaintiff objects to this demand as beyond the scope of a Bill of
Particulars in a personal injury lawsuit. See, CPLR § 3043(a). Without waiving
said objection, No-Fault: GEICO, NY PIP, P.O. Box 9507, Fredericksburg,
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22. Plaintiff objects to this demand as beyond the scope of a Bill of
Particulars in a personal injury lawsuit. See, CPLR § 3043(a). Without waiving
said objection, No-Fault: GEICO, NY PIP, P.O. Box 9507, Fredericksburg,
Virginia 22403, claim number: 007246745 0101 153, MVAIC, 100 William Street,
14th
Floor, New York, New York 10007, Claim number: 590205.
23. Not Applicable
24. To be provided as prescribed in the CPLR.
DATED: New York, New York
February 13, 2019
Adam D. WDsq.
Law Office of Vaccaro & White
Attorney for Plaintiff Paul John Carli
17 Battery Place, Suite 204
New York, New York 10004
(212) 577-3040
File No.: 18-130
TO: James G. Bilello & Associates
Attorney for Defendants
100 Duffy Avenue, Suite 500
Hicksville, New York 11801
(516) 861-1794
File No.: 19K0048
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Preview
FILED: KINGS COUNTY CLERK 02/14/2019 03:15 PM INDEX NO. 521852/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/14/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------..........----------------..------...-----------------------X PAUL JOHN CARLI, Plaintiff, VERIFIED BILL -against- OF PARTICULARS MARIEFLORE POULARD Index No.: 521852/18 and LUCIAN RONALD, Defendant. ----------------------------------------------------------------------x Plaintiff Paul John Carli, by and through counsel, Law Office of Vaccaro & White, answers the Demand for a Bill of Particulars of defendant Marieflore Poulard, dated January 10, 2019, as follows: OBJECTIONS AND RESERVATIONS 1. Each demand for particulars is objected to, to the extent that it seeks to impose obligations beyond those required by the CPLR. 2. Each demand for particulars is objected to, to the extent that it seeks evidentiary information that is beyond the scope of CPLR §§ 3042 and 3043, or the subject of expert testimony. 3. Each demand for particulars is objected to, to the extent that it seeks a written answer in the form of an interrogatory. Responses will be provided to interrogatories upon written receipt of an election by the defendant(s) waiving the right to take deposition testimony, in accordance with CPLR § 3130. 4. Each demand for particulars is objected to, to the extent that itdemands information protected by attorney-client or work product privileges, or that constitutes material prepared for litigation or trial preparation purposes. 1 of 7 FILED: KINGS COUNTY CLERK 02/14/2019 03:15 PM INDEX NO. 521852/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/14/2019 4. Each demand for particulars is objected to, to the extent that itdemands information protected by attorney-client or work product privileges, or that constitutes material prepared for litigation or trial preparation purposes. 5. Inadvertent production of any privileged information or materials shall not constitute a waiver of any privilege or other grounds for objection or right to object with respect to that information, its subject matter, or the information contained therein. 6. These responses are provided expressly subject to, and without waiving or intending to waive, any objections as to the competency, relevancy, materiality, privilege, or admissibility of any of the documents or information produced or of the subject matter thereof, with respect to any proceeding including the trialof this action or any subsequent proceeding. 7. The information provided in these responses, and any information disclosed by plaintiff(s) or by a third party pursuant to the authorization of plaintiff(s) in this action, includes highly sensitive, confidential medical information and other confidential information concerning plaintiff(s). Such information is provided expressly on condition that itbe used and disclosed only as reasonably necessary for the defense or prosecution of a claim in this action. Any disclosure, use or transfer of such information for a different purpose is unauthorized and constitutes a violation of the privacy and other rights of plaintiff(s). 8. No objection in these responses shall constitute a waiver of the right to disclose or move the admission of documents, testimony or information in accordance with the CPLR. 9. Each of the foregoing General Objections is hereby incorporated into each of the responses to the demands set forth below. 2 2 of 7 FILED: KINGS COUNTY CLERK 02/14/2019 03:15 PM INDEX NO. 521852/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/14/2019 PARTICULARS 1. Paul John Carli, 2. Not Applicable 3. Single 4. 38 Orchard Street, Apartment 3B, New York, New York 10022 5. July 15, 2018, at approximately 7:17 p.m. 6. At the intersection of Atlantic Avenue and Hoyt Street, Brooklyn, New York 7. Defendants, his/her agent(s), servant(s), and/or employee(s) were careless and negligent in the ownership, operation, care, custody, charge, management, maintenance, supervision and control of the vehicle in causing, permitting and/or allowing the vehicle to come into contact with the plaintiff and/or his bicycle, in the following particular respects: • in to yield to the plaintiff, a bicyclist failing • in to avoid into contact with plaintiff and/or his bicycle; failing coming • in to the vehicle under control; failing keep • in to the traffic rules and regulations the operation failing obey governing of motor vehicles in the State and City of New York; • in to give signal or to plaintiff prior to contact; failing any warning • in to sound the horn in a proper and manner; failing timely • in to use proper and good judgment in the operation of the vehicle; failing • in to use all due care and caution in the operation, management and failing control of the vehicle; • in to traffic control devices; failing obey • in to yield the right of way; failing 3 3 of 7 FILED: KINGS COUNTY CLERK 02/14/2019 03:15 PM INDEX NO. 521852/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/14/2019 • in to observe the traffic signs, signals and regulations at and failing governing the aforesaid location; • in the vehicle at a speed greater than was reasonable and prudent operating under the conditions, and without due regard to the actual and potential hazards then existing. 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, Vehicle and Traffic Law §§ 600, 1146, 1212, 1120, 1122, 1122 (a), 1123, 1128(a), 1145, 1162, 1180 and 1212. 8. INJURIES: • COMMINUTED FRACTURE IN THE MID SHAFT OF THE LEFT CLAVICLE • HAIRLINE FRACTURE, POSTERIOR LEFT FOURTH RIB • ACUTE MINIMALLY DISPLACED POSTERIOR TO 4™ THROUGH 9™ LEFT RIBS FRACTURES. • INFILTRATION IN THE POSTERIOR LEFT LUNG LIKELY REPRESENTING FOCUL PULMONARY CONTUSION INJURIES ASSOCIATED WITH A SMALL AMOUNT OF FLUID IN THE EXTRA PLEURAL SPACES CONSISTENT WITH SOME BLEEDING AROUND THE FRACTURED POSTERIOR LEFT RIBS • PULMONARY CONTUSION • LOSS OF CONSCIOUSNESS • SHOULDER PAIN • EDEMA • BRUISING 9. Plaintiff has suffered and will continue to suffer great pain, anguish of body and mind, as well as, medical care for a long period of time, by reason of 4 of 7 FILED: KINGS COUNTY CLERK 02/14/2019 03:15 PM INDEX NO. 521852/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/14/2019 the injuries sustained; that plaintiff has sustained pain, sadness and the sequelae of such injuries and necessary treatment; that plaintiff has sustained a loss of fitness and deterioration in general physical condition due to disruption of exercise; that plaintiff has and will continue to receive medical treatment and medicines for which expenses have, are and will continue to be incurred in an effort to cure and treat said injuries; thatplaintiff has therefore suffered and the injuries are of a permanent, protracted and disabling nature and plaintiff has suffered a loss of ability to fully pursue activities and fully tend to personal needs. All of the above injuries are believed to be permanent, protracted and disabling in nature. All of the above injuries are claimed to have permanent effects and some of which may have been activations and/or exacerbations of pre-existing conditions. 10. Plaintiff objects to said demand as beyond the scope of a Bill of Particulars in a personal injury lawsuit. See, CPLR § 3043(a). Without waiving said objection, confined to bed: Approximately Twenty (20) days 11. Plaintiff objects to said demand as beyond the scope of a Bill of Particulars in a personal injury lawsuit. See, CPLR § 3043(a). Without waiving said objection, confined to house: Approximately Twenty (20) days 12. Time totally incapacitated from employment: seventy (70) work days 13. Time partially incapacitated from employment: To be provided 14. SPECIAL DAMAGES: a) Physician Services: None b) Medical Supplies: Approximately $ 600.00 5 5 of 7 FILED: KINGS COUNTY CLERK 02/14/2019 03:15 PM INDEX NO. 521852/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/14/2019 c) Hospital Expenses: Approximately $ 1,500.00 Nurses' d) Services: None e) Loss of Earnings: Approximately $ 38,000.00 f) All other special damages: Over-the-Counter Medication: Approximately $ 150.00; Prescription Medication: Approximately $ 150.00; Ambulance: Approximately $ 800.00; Transportation: Approximately 150.00 g) All out of pocket expenses: Transportation: Approximately: $150; Bike Stolen: to replace bike $ 600, iPhone damage: to replace $570 to replace; Clothing: Approximately $75 to replace; 15. $750,000 45d' 2nd 16. Theatrical Wardrobe Union Local 764, 545 West Street, Floor, New York, New York 10036. Costumer 17. Not Applicable "14.g" 18. See response above 19. Not Applicable 20. Not Applicable 21. Plaintiff sustained a significant limitation of the use of a body function or system, a fracture, a significant disfigurement; a permanent consequential limitation of the use a body organ or member and/or a non-permanent medically determined injury that prevented plaintiff from the performance of her usual and customary daily activities for 90 of 180 days immediately subsequent to the injury. 22. Plaintiff objects to this demand as beyond the scope of a Bill of Particulars in a personal injury lawsuit. See, CPLR § 3043(a). Without waiving said objection, No-Fault: GEICO, NY PIP, P.O. Box 9507, Fredericksburg, 6 6 of 7 FILED: KINGS COUNTY CLERK 02/14/2019 03:15 PM INDEX NO. 521852/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/14/2019 22. Plaintiff objects to this demand as beyond the scope of a Bill of Particulars in a personal injury lawsuit. See, CPLR § 3043(a). Without waiving said objection, No-Fault: GEICO, NY PIP, P.O. Box 9507, Fredericksburg, Virginia 22403, claim number: 007246745 0101 153, MVAIC, 100 William Street, 14th Floor, New York, New York 10007, Claim number: 590205. 23. Not Applicable 24. To be provided as prescribed in the CPLR. DATED: New York, New York February 13, 2019 Adam D. WDsq. Law Office of Vaccaro & White Attorney for Plaintiff Paul John Carli 17 Battery Place, Suite 204 New York, New York 10004 (212) 577-3040 File No.: 18-130 TO: James G. Bilello & Associates Attorney for Defendants 100 Duffy Avenue, Suite 500 Hicksville, New York 11801 (516) 861-1794 File No.: 19K0048 7 7 of 7