On April 01, 2015 a
Exhibit,Appendix
was filed
involving a dispute between
Wilmer Cabrera
As Administrator Of The Estate Of Henry Esteban Salinas Cerrato,
and
Altitude Equipment Rentals Llc,
Creative Christmas, Inc.,
Lincoln Square Condominium,
Robert A. Kreitzer Jr.,
United Parcel Service, Inc.,
for Tort
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 04/08/2019 05:05 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 04/08/2019
EXHIBIT GG
ANSA ASSUNCAOete
PENNSYLVANIA NEW JERSEY NEW YORK FLORIDA MARYLAND OHIO
(A Pennsylvania Limited LiabilityPartnership)
FILED: NEW YORK COUNTY CLERK 04/08/2019 05:05 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 04/08/2019
OFFICE OF CHIEF MEDICAL EXAMINER
CITY OF NEW YORK
REPORTOFAUTOPSY
Name of Decedent: Henry Esteban Salinas Cerrato M.E. #: M-13-006472
Autopsy Performed by: Jay Stahl-Herz, M.D. Date of Autopsy: 11/9/2013
FINAL DIAGNOSES
I.BLUNTTRAUMAOF HEAD
A.FRACTURES OF SKULL
B. SUBDURAL HEMATOMA, BILATERAL
C. SUBARACHNOID HEMORRHAGE, CEREBRUM, CEREBELLUM AND
BRAINSTEM
D. CONTUSIONS, CEREBRAL HEMISPHERES
E. STATUS POST LEFT CRANIECTOMY FOR EVACUATION OF SUBDURAL
AND EPIDURAL HEMORRHAGES
1. ACUTE DIFFUSE ANOXIC ISCHEMIC ENCEPHALOPATHY
a. RIGHT SUBFALCINE HERNATION
b. TRANSTENTORIAL AND CEREBELLAR TONSILLAR
HERNIATIONS
F. SEE NEUROPATHOLOGY REPORT
II. BLUNT TRAUMA OF TORSO THIS IS A TRUE COPY
Office of Chief Medical Examiner
A. FRACTURES OF RIBS
This record cannot be released without
B. CONTUSIONS OF BACK
C. NECK AND PELVIC SOFT TISSUE HEMORRHAGE
,°e ew Y k C
lil. BLUNT TRAUMA OF EXTREMITIES Ashie Henry
A. MINOR BLUNT INJURIES OF UPPER EXTREMITIES
B. CONTUSIONS AND ABRASIONS OF LOWER EXTREMITIES
CAUSE OF DEATH: COMPLICATIONS OF BLUNT TRAUMA OF HEAD
MANNER OF DEATH: ACCIDENT (STRUCK HEAD AFTER FALLING FROM BOOM
LIFT STRUCK BY TRACTOR TRAILER)
FILED: NEW YORK COUNTY CLERK 04/08/2019 05:05 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 04/08/2019
OFFICE OF CHIEF MEDICAL EXAMINER
CITY OF NEW YORK
REPORT OF AUTOPSY
CASE NO. M-13-006472
I that Medical Examiner - have performed
hereby certify I, Jay StahI-Herz, M.D., City I,
9*
an autopsy on the body of Henry Esteban Salinas Cerrato, on the of November,
2013, commencing at 9:30 AM in the Manhattan Mortuary of the Office of Chief Medical
Examiner of the City of New York. This autopsy was performed in the presence of Drs.
Graham and Hammers.
E_XTERNAL EXAMINATION:
The body is received in the supine position in a white plastic body bag which is secured
with a white plastic seal bearing the number 13112. The body is of a well-developed,
5'
well-nourished, small framed, 3", 160 lb tan skinned Hispanic man (BMl: 28.3) whose
appearance is consistent with the given age of 36 years. The head is wrapped in
bandages with areas of bloody staining. The left side of the head has been previously
1"
shaved. The straight black hair measures up to in length over the crown. Blood clot is
visible in the external auditory meati. The face has black stubble. The nose and facial
bones are palpably intact. The eyes have brown irides. The right conjunctiva is
markedly hemorrhagic. The left conjunctiva is without hemorrhage, petechiae or
jaundice. The oral cavity has natural dentition in fair repair and is atraumatic. The
abdomen is flat. The external genitalia are of a circumcised adult male with marked
edema. The extremities are normally developed. There is marked edema of the hands
1/2" 1/2"
and feet. There is a x irregular scar on the anterior aspect of the right arm.
There are no tattoos.
POSTMORTEM CHANGES:
There is marked symmetrical rigor mortis of the upper and lower extremities, neck and
jaw. Lividity is purple, partially fixed, and posterior with many posterior Tardieu spots.
The body is room temperature.
T__HERAPEUTIC PROCEDURES:
A trauma neck immobilization collar is in place. An endotracheal tube is in place and
secured with a facial collar. An orogastric tube is in place. Intravascular lines are in
place in the antecubital fossae and the left wrist. A triple lumen catheter is noted in the
right inguinal area. Bandages cover wounds to be described later (see 'tinjuries.") A
urinary catheter is in place.
CLOTHING:
The body is not clothed. A hospital bracelet is on the left wrist.
FILED: NEW YORK COUNTY CLERK 04/08/2019 05:05 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 04/08/2019
M-13-006472 HENRY ESTEBAN SALINAS CERRATO Page 3
INJURIES, EXTERNAL AND INTERNAL:
There are blunt injuries of the head, torso and extremities. These will be described by
body region.
BLUNT INJURIES OF HEAD AND SUBSEQUENT SURGlCAL INTERVENTION:
(2" ¾" ½" ¾"
There are bilateral upper eyelid contusions x on the right and 1 x on the
¾" 1"
left).There are bilateral lower eyelid contusions each measuring x ½". There is a
linear laceration of the posterior right scalp that has been closed with surgical staples.
½"
There is a 13 surgical incision held shut by surgical staples. Clotted blood is firmly
adherent to the incision. The incision originates from the left frontal scalp, tracks
posteriorly and then laterally down the left parietal area before coursing anteriorly over
the lefttemporal area ending just superior to the left ear.
There is extensive scalpular and subgaleal hemorrhage over the frontal, parietal and
½" 3"
temporal areas bilaterally. A 4 x portion of the left frontotemporoparietal skull is
surgically absent. The underlying partially liquefied left cerebral hemisphere is hemiated
through the skull defect. There is a comminuted fracture of the right temporal area with
¾" 3"
3 and linear fractures radiating superiorly and posteriorly over the parietal and
temporal areas respectively. 100 ml clotted blood is collected from the right subdural
6"
space. There is trace left subdural hemorrhage. The base of the skull demonstrates a
type I hinge fracture extending from the left temporal area across the left middle cranial
fossa through the sella turcica and extending across the orbital ridge and the petrous
portion of the temporal bone. There is extensive hemorrhage in the sella turcica. There
are fractures of the right orbital plate with herniation of the orbital contents into the
½"
cranial vault. There is a fracture that extends 3 from the right temporal bone across
the right middle cranial fossa through the sphenoid ridge into the right posterior cranial
fossa. There are fractures of the cribriform plates and nasal bones bilaterally.
BLUNT INJURIES OF NECK AND TORSO:
2" ½" ½"
There are purple contusions of the right lateral back measuring x 1 and 2 x 2".
Internal examination reveals hemorrhage in the soft tissues of the neck and lateral
aspects of the torso. There are lateral fractures of the right eighth and ninth ribs with
associated intercostal muscle hemorrhage. There is extensive hemorrhage in the pelvic
soft tissues but no appreciable pelvic fracture.
BLUNT INJURIES OF EXTREMITIES:
¼" 1/8"
There is a x crusted red abrasion of the dorsum of the right hand.
4" ½" ½" 1"
There is a x crusted abrasion of the lateral right upper thigh. There is a 4 x
½" 1/8"
brown crusted brush-type abrasion of the medial right thigh. There is a 1 x linear
1"
laceration over the right knee. There are two parallel lacerations over the right
buttock. The posterior right thigh and lower leg demonstrate geographic confluent
FILED: NEW YORK COUNTY CLERK 04/08/2019 05:05 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 04/08/2019
M-13-006472 HENRY ESTEBAN SALINAS CERRATO Page 4
13" 6" 8" 5"
purple contusions measuring x and x covering nearly the entire thigh and
4" 1"
leg. There is a x crusted pink brush type abrasion on the posterior right thigh.
3"
There is a linear horizontally oriented laceration of the anterior left thigh. There are
¼"
three brown crusted brush-type abrasions around the left knee measuring up to x
1/8". There are three brown crusted abrasions and crusted lacerations of the dorsum of
¾" 1"
the left foot and toes measuring up to x ½". There is a linear slightly crescentic
4" ½"
laceration on the left buttock. There is a x 2 purple contusion of the proximal
posterior left thigh.
The injuries listed above, having been described once, will not be repeated.
INTERNAL EXAMINATION:
BODY CAVITIES: The organs are in their normal situs. The pericardial sac contains a
normal amount of serous fluid and is without hemorrhage or adhesion. There are
bilateral pleural effusions (200 ml serosanguinous in the right chest and 50 ml serous in
the left chest). There is 100 ml of straw colored ascites. The abdominal wall pannus is
1/2"
thick.
"Injuries."
HEAD AND NECK: See The brain weighs 1400 gm and is submitted for
neuropathologic consultation. A separate report will be issued. The cervical vertebrae,
hyoid bone, tracheal and laryngeal cartilages are without trauma. The upper airway is
patent. The tongue is unremarkable.
CARDIOVASCULAR SYSTEM: The heart weighs 320 gm and has a normal distribution
of right predominant coronary arteries with slight atherosclerotic stenosis (up to 20%
stenosis of the left anterior descending coronary artery). There is no recent thrombus.
The myocardium is homogeneous, dark red and firm without pallor, hemorrhage,
softening or fibrosis. The leftventricle wall is 1.0 cm and the right is 0.2 cm thick. The
endocardial surfaces and four cardiac valves are unremarkable. The aorta is without
atherosclerosis. The venae cavae and pulmonary arteries are patent.
RESPIRATORY SYSTEM: The right lung weighs 800 gm and the leftweighs 820 gm.
The red-purple parenchyma is consolidated and edematous but without masses or
obstruction. The bronchi are unremarkable.
LIVER, GALLBLADDER, PANCREAS: The liver weighs 1640 gm and has an intact
capsule. The brown parenchyma is without fibrous texture. The gallbladder contains
approximately 70 mi of dark green bile without stones. The pancreas is unremarkable in
lobulation, color and texture.
FILED: NEW YORK COUNTY CLERK 04/08/2019 05:05 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 04/08/2019
M-13-006472 HENRY ESTEBAN SALINAS CERRATO Page 5
HEMIC AND LÝMPHATIC SYSTEMS: The spleen weighs 130 gm and has an intact,
gray-purple, slightly wrinkled capsule. The color, red and white pulp and consistency are
unremarkable. There are no enlarged lymph nodes.
GENITOURINARY SYSTEM: The right kidney weighs 130 gm and the left weighs 150
gm. Each kidney has a smooth red-brown surface with an unremarkable architecture
and vasculature. The ureters maintain uniform caliber into an unremarkable empty
bladder. The prostate is not enlarged. The right testicle is unremarkable.
ENDOCRINE SYSTEM: The thyroid and adrenal glands are normal color, size and
consistency.
DIGESTIVE SYSTEM: The esophagus and gastroesophageal junction are
unremarkable. The stomach contains approximately 270 ml of black liquid and orange
fragments of partially digested material. The gastric mucosa, small intestine and large
intestine are unremarkable. The vermiform appendix is present.
MUSCULOSKELETAL SYSTEM: The vertebrae, clavicles, sternum, and pelvis are
without fracture. The musculature is normally distributed and unremarkable.
TOXICOLOGY:
Specimens are submitted for toxicologic analysis. A separate report will be Issued.
FORENSIC BIOLOGY:
A blood spot card is submitted to Forensic Biology.
PHOTOGRAPHY:
Photographs are taken.
J y StahI-Herz, M. D.
Medical Examiner - II
City
JSH
DRAFT: 11/9/2013
FINAL: 11/2712013
Document Filed Date
April 08, 2019
Case Filing Date
April 01, 2015
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Preview
FILED: NEW YORK COUNTY CLERK 04/08/2019 05:05 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 04/08/2019 EXHIBIT GG ANSA ASSUNCAOete PENNSYLVANIA NEW JERSEY NEW YORK FLORIDA MARYLAND OHIO (A Pennsylvania Limited LiabilityPartnership) FILED: NEW YORK COUNTY CLERK 04/08/2019 05:05 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 04/08/2019 OFFICE OF CHIEF MEDICAL EXAMINER CITY OF NEW YORK REPORTOFAUTOPSY Name of Decedent: Henry Esteban Salinas Cerrato M.E. #: M-13-006472 Autopsy Performed by: Jay Stahl-Herz, M.D. Date of Autopsy: 11/9/2013 FINAL DIAGNOSES I.BLUNTTRAUMAOF HEAD A.FRACTURES OF SKULL B. SUBDURAL HEMATOMA, BILATERAL C. SUBARACHNOID HEMORRHAGE, CEREBRUM, CEREBELLUM AND BRAINSTEM D. CONTUSIONS, CEREBRAL HEMISPHERES E. STATUS POST LEFT CRANIECTOMY FOR EVACUATION OF SUBDURAL AND EPIDURAL HEMORRHAGES 1. ACUTE DIFFUSE ANOXIC ISCHEMIC ENCEPHALOPATHY a. RIGHT SUBFALCINE HERNATION b. TRANSTENTORIAL AND CEREBELLAR TONSILLAR HERNIATIONS F. SEE NEUROPATHOLOGY REPORT II. BLUNT TRAUMA OF TORSO THIS IS A TRUE COPY Office of Chief Medical Examiner A. FRACTURES OF RIBS This record cannot be released without B. CONTUSIONS OF BACK C. NECK AND PELVIC SOFT TISSUE HEMORRHAGE ,°e ew Y k C lil. BLUNT TRAUMA OF EXTREMITIES Ashie Henry A. MINOR BLUNT INJURIES OF UPPER EXTREMITIES B. CONTUSIONS AND ABRASIONS OF LOWER EXTREMITIES CAUSE OF DEATH: COMPLICATIONS OF BLUNT TRAUMA OF HEAD MANNER OF DEATH: ACCIDENT (STRUCK HEAD AFTER FALLING FROM BOOM LIFT STRUCK BY TRACTOR TRAILER) FILED: NEW YORK COUNTY CLERK 04/08/2019 05:05 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 04/08/2019 OFFICE OF CHIEF MEDICAL EXAMINER CITY OF NEW YORK REPORT OF AUTOPSY CASE NO. M-13-006472 I that Medical Examiner - have performed hereby certify I, Jay StahI-Herz, M.D., City I, 9* an autopsy on the body of Henry Esteban Salinas Cerrato, on the of November, 2013, commencing at 9:30 AM in the Manhattan Mortuary of the Office of Chief Medical Examiner of the City of New York. This autopsy was performed in the presence of Drs. Graham and Hammers. E_XTERNAL EXAMINATION: The body is received in the supine position in a white plastic body bag which is secured with a white plastic seal bearing the number 13112. The body is of a well-developed, 5' well-nourished, small framed, 3", 160 lb tan skinned Hispanic man (BMl: 28.3) whose appearance is consistent with the given age of 36 years. The head is wrapped in bandages with areas of bloody staining. The left side of the head has been previously 1" shaved. The straight black hair measures up to in length over the crown. Blood clot is visible in the external auditory meati. The face has black stubble. The nose and facial bones are palpably intact. The eyes have brown irides. The right conjunctiva is markedly hemorrhagic. The left conjunctiva is without hemorrhage, petechiae or jaundice. The oral cavity has natural dentition in fair repair and is atraumatic. The abdomen is flat. The external genitalia are of a circumcised adult male with marked edema. The extremities are normally developed. There is marked edema of the hands 1/2" 1/2" and feet. There is a x irregular scar on the anterior aspect of the right arm. There are no tattoos. POSTMORTEM CHANGES: There is marked symmetrical rigor mortis of the upper and lower extremities, neck and jaw. Lividity is purple, partially fixed, and posterior with many posterior Tardieu spots. The body is room temperature. T__HERAPEUTIC PROCEDURES: A trauma neck immobilization collar is in place. An endotracheal tube is in place and secured with a facial collar. An orogastric tube is in place. Intravascular lines are in place in the antecubital fossae and the left wrist. A triple lumen catheter is noted in the right inguinal area. Bandages cover wounds to be described later (see 'tinjuries.") A urinary catheter is in place. CLOTHING: The body is not clothed. A hospital bracelet is on the left wrist. FILED: NEW YORK COUNTY CLERK 04/08/2019 05:05 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 04/08/2019 M-13-006472 HENRY ESTEBAN SALINAS CERRATO Page 3 INJURIES, EXTERNAL AND INTERNAL: There are blunt injuries of the head, torso and extremities. These will be described by body region. BLUNT INJURIES OF HEAD AND SUBSEQUENT SURGlCAL INTERVENTION: (2" ¾" ½" ¾" There are bilateral upper eyelid contusions x on the right and 1 x on the ¾" 1" left).There are bilateral lower eyelid contusions each measuring x ½". There is a linear laceration of the posterior right scalp that has been closed with surgical staples. ½" There is a 13 surgical incision held shut by surgical staples. Clotted blood is firmly adherent to the incision. The incision originates from the left frontal scalp, tracks posteriorly and then laterally down the left parietal area before coursing anteriorly over the lefttemporal area ending just superior to the left ear. There is extensive scalpular and subgaleal hemorrhage over the frontal, parietal and ½" 3" temporal areas bilaterally. A 4 x portion of the left frontotemporoparietal skull is surgically absent. The underlying partially liquefied left cerebral hemisphere is hemiated through the skull defect. There is a comminuted fracture of the right temporal area with ¾" 3" 3 and linear fractures radiating superiorly and posteriorly over the parietal and temporal areas respectively. 100 ml clotted blood is collected from the right subdural 6" space. There is trace left subdural hemorrhage. The base of the skull demonstrates a type I hinge fracture extending from the left temporal area across the left middle cranial fossa through the sella turcica and extending across the orbital ridge and the petrous portion of the temporal bone. There is extensive hemorrhage in the sella turcica. There are fractures of the right orbital plate with herniation of the orbital contents into the ½" cranial vault. There is a fracture that extends 3 from the right temporal bone across the right middle cranial fossa through the sphenoid ridge into the right posterior cranial fossa. There are fractures of the cribriform plates and nasal bones bilaterally. BLUNT INJURIES OF NECK AND TORSO: 2" ½" ½" There are purple contusions of the right lateral back measuring x 1 and 2 x 2". Internal examination reveals hemorrhage in the soft tissues of the neck and lateral aspects of the torso. There are lateral fractures of the right eighth and ninth ribs with associated intercostal muscle hemorrhage. There is extensive hemorrhage in the pelvic soft tissues but no appreciable pelvic fracture. BLUNT INJURIES OF EXTREMITIES: ¼" 1/8" There is a x crusted red abrasion of the dorsum of the right hand. 4" ½" ½" 1" There is a x crusted abrasion of the lateral right upper thigh. There is a 4 x ½" 1/8" brown crusted brush-type abrasion of the medial right thigh. There is a 1 x linear 1" laceration over the right knee. There are two parallel lacerations over the right buttock. The posterior right thigh and lower leg demonstrate geographic confluent FILED: NEW YORK COUNTY CLERK 04/08/2019 05:05 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 04/08/2019 M-13-006472 HENRY ESTEBAN SALINAS CERRATO Page 4 13" 6" 8" 5" purple contusions measuring x and x covering nearly the entire thigh and 4" 1" leg. There is a x crusted pink brush type abrasion on the posterior right thigh. 3" There is a linear horizontally oriented laceration of the anterior left thigh. There are ¼" three brown crusted brush-type abrasions around the left knee measuring up to x 1/8". There are three brown crusted abrasions and crusted lacerations of the dorsum of ¾" 1" the left foot and toes measuring up to x ½". There is a linear slightly crescentic 4" ½" laceration on the left buttock. There is a x 2 purple contusion of the proximal posterior left thigh. The injuries listed above, having been described once, will not be repeated. INTERNAL EXAMINATION: BODY CAVITIES: The organs are in their normal situs. The pericardial sac contains a normal amount of serous fluid and is without hemorrhage or adhesion. There are bilateral pleural effusions (200 ml serosanguinous in the right chest and 50 ml serous in the left chest). There is 100 ml of straw colored ascites. The abdominal wall pannus is 1/2" thick. "Injuries." HEAD AND NECK: See The brain weighs 1400 gm and is submitted for neuropathologic consultation. A separate report will be issued. The cervical vertebrae, hyoid bone, tracheal and laryngeal cartilages are without trauma. The upper airway is patent. The tongue is unremarkable. CARDIOVASCULAR SYSTEM: The heart weighs 320 gm and has a normal distribution of right predominant coronary arteries with slight atherosclerotic stenosis (up to 20% stenosis of the left anterior descending coronary artery). There is no recent thrombus. The myocardium is homogeneous, dark red and firm without pallor, hemorrhage, softening or fibrosis. The leftventricle wall is 1.0 cm and the right is 0.2 cm thick. The endocardial surfaces and four cardiac valves are unremarkable. The aorta is without atherosclerosis. The venae cavae and pulmonary arteries are patent. RESPIRATORY SYSTEM: The right lung weighs 800 gm and the leftweighs 820 gm. The red-purple parenchyma is consolidated and edematous but without masses or obstruction. The bronchi are unremarkable. LIVER, GALLBLADDER, PANCREAS: The liver weighs 1640 gm and has an intact capsule. The brown parenchyma is without fibrous texture. The gallbladder contains approximately 70 mi of dark green bile without stones. The pancreas is unremarkable in lobulation, color and texture. FILED: NEW YORK COUNTY CLERK 04/08/2019 05:05 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 04/08/2019 M-13-006472 HENRY ESTEBAN SALINAS CERRATO Page 5 HEMIC AND LÝMPHATIC SYSTEMS: The spleen weighs 130 gm and has an intact, gray-purple, slightly wrinkled capsule. The color, red and white pulp and consistency are unremarkable. There are no enlarged lymph nodes. GENITOURINARY SYSTEM: The right kidney weighs 130 gm and the left weighs 150 gm. Each kidney has a smooth red-brown surface with an unremarkable architecture and vasculature. The ureters maintain uniform caliber into an unremarkable empty bladder. The prostate is not enlarged. The right testicle is unremarkable. ENDOCRINE SYSTEM: The thyroid and adrenal glands are normal color, size and consistency. DIGESTIVE SYSTEM: The esophagus and gastroesophageal junction are unremarkable. The stomach contains approximately 270 ml of black liquid and orange fragments of partially digested material. The gastric mucosa, small intestine and large intestine are unremarkable. The vermiform appendix is present. MUSCULOSKELETAL SYSTEM: The vertebrae, clavicles, sternum, and pelvis are without fracture. The musculature is normally distributed and unremarkable. TOXICOLOGY: Specimens are submitted for toxicologic analysis. A separate report will be Issued. FORENSIC BIOLOGY: A blood spot card is submitted to Forensic Biology. PHOTOGRAPHY: Photographs are taken. J y StahI-Herz, M. D. Medical Examiner - II City JSH DRAFT: 11/9/2013 FINAL: 11/2712013