Preview
FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index Nos.: 611214/15
----------------------------------------------------------------------------X 609082/15
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 600055/16
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY 603536/16
M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY 003364/16
GRABINA, AS ADMINISTRATRIX OF THE ESTATE 607598/16
OF AMY GRABINA, AND MINDY GRABINA, 001831/16
INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR
OF THE ESTATE OF LAUREN BARUCH, DECEASED,
AND STEVEN BARUCH, INDIVIDUALLY; JOELLE
DIMONTE; AND MELISSA A. CRAI,
Plaintiffs, PLAINTIFF SCHULMAN'S
-against- CPLR 3101(d) EXPERT
RESPONSE
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and COUNTY OF
SUFFOLK,
Defendants.
___________________________________________________________________________Ç
The following is Suzanne Schulman, as Administratrix of the Estate of Brittney
Defendants'
M. Schulman, Deceased's Response to CPLR 3101(d) Expert Demands upon
information and belief:
EXPERT:
Plaintiff, Suzanne Schulman, as Administratrix of the Estate of Brittney M. Schulman,
deceased, has retained and expects to call at the time of trial, Gerard A. Catanese, M.D., a duly
licensed physician, double board certified in the field of anatomic and clinical and
pathology
forensic pathology, who maintains an office for the practice of medicine at 64 Muttontown East
Woods Road, Syosset, New York 11791.
SUBJECT MATTER AND SUBSTANCE OF THE FACTS AND OPINIONS:
All of the opinions set forth in this response are within a reasonable degree of medical
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certainty. Dr. Catanese is expected to testify based upon his review of all relevant records
including, inter alia, the police report, death certificate, medical examiners file, autopsy report,
autopsy photographs, on the scene collision photographs and deposition transcripts. His opinions
are based upon not only the relevant records but his education training, knowledge, expertise and
actual experience in the field of pathology.
Dr. Catanese is expected to testify with regard to the matters, history, facts, findings,
impressions, conclusions, diagnoses and opinions contained in the documents reviewed,
including but not limited to the following: the nature and extent of the injuries that decedent,
Brittney M. Schulman, sustained by reason of the subject collision which occurred on July 18,
2015, with detailed focus on conscious pain and suffering, length of time that Brittney Schulman
consciously endured pain and suffering, post extremis consciousness and pre-impact terror.
Dr. Catanese will testify that Brittney M. Schulman was a 23-year-old female who on
July 18, 2015, at 5:11 PM, was a passenger in a limousine which was involved in a two (2)
vehicle collision. Brittney Schulman was pronounced dead at 5:30 PM about 19 minutes after the
collision which caused multiple blunt impact injuries resulting in her death. The limousine which
was attempting to make a three (3) point U-turn and a pickup truck which was exceeding the
speed limit collided into the passenger side of the limousine in which Brittney was a passenger.
According to the medical examiner's investigation and the police reports, Dr. Catanese
will testify that Brittney M. Schulman was seated in the front passenger seat behind the
limousine driver and was a belted passenger.
Dr. Catanese has concluded and is expected to testify that an autopsy was performed by
the Suffolk County Medical Examiner's Office and that the injuries that Brittney M. Schulman
suffered were numerous, severe and resulted in death. These injuries included fractures of her
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mandible, ribs,pelvis and left femur with contusions and lacerations of her liver and right kidney
and transection of her aorta. From her injuries, she bled 250 ml into her chest cavity and 200 ml
into her abdominal cavity. It was also noted that she aspirated blood into her lungs. had
Brittney
no significant underlying natural disease, and her blood ethanol level was 0.21%. Her cause of
death was determined to be multiple blunt impact injuries.
Dr. Catanese reviewed the transcripts of Carlos Pino (the limousine driver) who testified
that he heard screaming and suffering coming from the rear of the limousine as did Steven
Romeo the driver of the pickup truck.
Dr. Catanese is expected to testify that there were significant head injuries described in
the autopsy report and therefore there is no reason to conclude that Brittney Schulman was
immediately unconscious following the collision. Further Dr. Catanese is expected to testify that
he believes, and itis his opinion that she was alive after the collision because she bled from her
injuries including hemorrhaging into her chest and abdominal cavities. Based on the injuries
described in the autopsy, Brittney Schulman died from hemorrhage into our lungs and abdominal
cavities. Brittney Schulman bled 700 ml into her body cavities from her injuries. Dr. Catanese
based upon his experience states that generally speaking if one is dead and one's heart stopped
then one will no longer bleed from one's injuries. So, the finding of the amount of hemorrhage
into Brittney Schulman's body cavities indicates that she had a pulse and survived for a period of
time after the collision occurred. The autopsy finding of aspirated blood in Brittney Schulman's
lungs also supports the conclusion that she was alive and breathing after the collision occurred
and that she consciously experienced severe pain and she would have consciously experienced
fear of impending death.
Dr. Catanese also notes that at some point prior to the accident Brittney would have
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become aware of the impending collision and she would have experienced pre-impact terror.
Brittney's blood alcohol level taken at the time of the autopsy was 0.21% which based upon
statistical levels, an individual would have been impaired, but depending on their tolerance
experience with ethanol they would stillbe able to understand the severity of the situation and
the pain.
Dr. Catanese has concluded and opines to a reasonable degree of medical certainty or
medical probability that the decedent, Brittney M. Schulman, died from the injuries she sustained
in the collision of July 18, 2015; that she experienced conscious pain-and-suffering at the time of
her initial injuries as well as pre-impact terror based on the location of where the decedent was
positioned in the limousine and prior to the impact occurring.
Dr. Catanese further is expected to testify and express an opinion to a reasonable degree
of medical certainty or probability, that Brittney M. Schulman experienced up to ten (10)
seconds of conscious pain-and-suffering from her injuries as well as pre-impact terror prior to the
collision and the terror of consciously knowing that she was in extremis.
Dr. Catanese's expert analysis and report is fully adopted herein and is attached hereto as
plaintiff's Exhibit A.
SUMMARY OF GROUNDS FOR EXPERT'S OPINION:
Dr. Catanese is expected to testify and to give his opinions based upon his review of the
medical records including the autopsy report of the decedent, Brittney M. Schulman,
photographs, investigative reports, accident reports, depositions and testimony, and all discovery
obtained in this action any and all trialtestimony and documentary proof presented at trial.
QUALIFICATIONS:
plaintiffs'
Dr. Catanese's curriculum vitae is attached hereto as Exhibit B.
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Dated: East Northport, New York
May 16. 2022
JOH . JU c ¹O P.C.
Ty: , kn 1 ,.uliano. Esq
Attorneys for Plaintiff
Suzanne Schulman as Administratrix
of the Estate of Brittney M. Schulnmn
39 Doyle Court
East Northp(nt NY 11731
631-499.9300
a ohnijsyayremn
To:
All efiled counsel
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"A"
EXHIBIT
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f ierardA Qianese MD
64 Muttentown I astwoods Road
Syosset N. Y I 179
(5I6) M4-01I5
04/06/22
John Juliano
Law Ollice of John Juliano
39 Doyle Court .
East Northport N Y I1731
Re Brinney Schulman
Dear Mr Juliano
At yout request I have reviewed the case record including the police report
the scene the death the report and the deposition
photographs, certificate, autopsy
transcripts of Carlos Pino and Steven Romeo to Brittney Schulman
relating
year old female who on 07/I8/15 at 5 1I pm was a
Brittney Scholman was a 23
involved in a two vehicle collision She was pronounced dead
passenger itta limousine
at 5.30 pm about 19 minutes afterthe accident Her cause of death was
that day
determined to be multiple blunt impact mjuries
to policereport Schulman was a passenger in a taxi
According the Brittney
to make a U-turn a pickup truck to collidewith the
(limousine) which attempted causing
passenger side of the limousine in which Brittney Schulman was a passenger The
accident occurred on 07/18/15 at 5 I1 pm.
performed theSuffolk County Medical Examiner's Office
An autopsy was by
Schulman suffered were numerous and severe. These injuries
The injuries that Brittney
pelvis and leftfemur with contusions of her
. . included fractures of her mandible, ribs,
liverand right and a transaction of her aorta.From
tungs and lacerations of her kidney
each chest and 200 ml intoher abdominal cavity.
her injuries she bled 250 mi into cavity
aspirated blood intoher lungs. She had no significant
She was also noted to have
blood ethanol level was 0 21% Her cause of death was
natural disease.IIer
underlying
determined to be multiple blunt impact injuries
transcript of Carlos Pino (the limousine driver) after
. According to the deposition
accident he heard and suffering.
the screaming
transcript of Steven Romeo (the pickup truck driver)
to the deposition
According
heard in the limousine
after the accident he screaming
show the truck afterthe impact witli .
photographs of the accident scene
The
compartment of the hmousme.
into the passenger side
the hmousme mtruding
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Itshotdd be noted thatthere are no weie sigmlicant head injunes deknbed m the
autopsy repon therefore there isno reason to conclude that Batine3 Scholin.m was
immedately unconsemus followmg the accident We inow that she was alive after the
acetdent occuned because she bled from her mluries hemonhage
meluding into her chest
and abdominal cauues Based on the injuries desenbed m the autopsy repat
Bottnes Schulman died from hemonhage Schulrnan
Bnitney bled 7N m) ofblood mto
her beds cauties fEoni her imuries Generath speaking ifone isdead and ones hearthas
stopped then one wdl no kmger bleed trom ones injunes So the lindmg of thn amount of
hemorrhage intoBrittney 5thulman s body cauties indicates that she had a pulse and she
suruved for a period of time after the accident occurred Ihe autopsy linding of aspirated
blood m Bnttney Schulman s lungs also supports thisconclusmn because n indicates that
she was aller the accident occurred
breathmg
The autopsv report desenbes a transected acita Schulman bled 700 iniof
Brittney
bk>od into her body cavities from her injuries The time ittakes to bleed 700 mi ot'blood
from a transected aorta is wnhin 30 seconds after the
usually sustaming injury
The mjunes that antiney Schulman sustained were very severe and would
they
have been pamful Dunng the time following the accident Brittney Schulman would have
experienced conscious pain and suffenng from hei injuriesas well as fearof impending
death Itshould also be noted that atsome point pnor to the accident Schulman
Battney
would have become aware of the impendmg accident and she would have expenenced
pre-impact terror Bntiney Schulman blood ethanol level taken at theautopsy w as 02I
At a blood alcohol level of 0 21% an individual would be impaired but on
depending
their tolerance and experience with ethanol they would stillable to understand the
seventy of the situanon and feelpain
Therefore based on the above information itis my opinion within a reasonable
degree of medical that certainty that Brittney Schulman died from the mjuries she
sustained in the accident Itis also my opimon within a reasonable degree of medical
certainty that she experienced up to 30 seconds of conscious pain and suttenag from her
injuries as well as pre-impact terror prior to the accident as outlineabos e
el
Gerard A Catanese MD
I reserve the right lo amend my opimon ifand when new mformatmn becomes
available
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"B"
EXHIBIT
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CURRICULUM VITAE
Geraul A. Catanese MD.
Home Address: 64 Mw*nwown Eastwoods Road ·
Syosset N. Y, 11791
Home Telephone: 516-921-6820
FIome OHice: 516-364-0115
Dale of 13irtlr 11/01/60
EDUCATION:
97/9-5/83 . SL Johns University, Queens, N. Y
R. S.Biology
9/83-5/87 SUNYHealth Science Centcr at Ricoklyn, N. Y
Doctor of Medicine
RESIDENCY:
7/87-6/89 Algatotnic Pathology.
SUNY Hen1th Science Contor at Brooklyn
450 Clakson Avenue, Bmoklyn, N. Y 11203
7/894/90 PediatricInicrn
Wintluup Univeraily Hospital
260 FirstStreet,Mineola, N. Y11501
7/904/92 Clinical Pathology
, SUNYHeakh SciericeCenter at Bmoklyn
'
, 450 Clarkson Avenue, 15tooklyn, N. Y 11203
FELLOWSHIP:
7/92-fi/93 Forensic Parliology -
New York Cityinedical examiner's Office
520 FirstAvenue, New York, N. Y 10016
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FMPLOY MENT:
7/93-9/93 City Medical Examinor
New York medical examiner's OfHce .
City
520 First Avenue, New York, N. Y. 10016
10/93- 11/15 Medicai Examinor
Deputy
Nassau County Medical emninc‘s Olfico
2251 Hempstead Turnpike, East Meadow, N.Y. 11554
01/16- 10/18 Chief Medical Examiner
Deputy
Suffolk Commty Medient Examiner's Office
725 ½terass Memorial Higinvay
Hauppauge, N.Y 11788
04/09/20- present Part Time Medical t!xaminer
Nassau County Medical l!xaminers OHice
2251 Hempstead Lunpike, Fast Meadow, N.Y 11554
LICENSE: New Yod $175689
New Jersey #62283
Pennsylvania #MD-069699-L
Board Certified: Anatomic and Clinical Pathology (11/05/92)
Forensic Patltology( 5/31/94)
PROFESSIONAL SOCIETIES: American Academy of Forensic Sciences
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.: 611214/15
_______________________________________________________________________Ç
ALICIA M. ARUNDEL, SUZANNE SCHULMAN, AS
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY
M. SCHULMAN, DECEASED, et. al.
Plaintiffs, AFFIDAVIT OF SERVICE
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD, COUNTY OF
SUFFOLK, CABOT COACH BUILDERS, INC. d/b/a
ROYALE LIMOUSINE, et.al.
Defendants.
_______________________________________________________________________Ç
State of New York)
ss.)
County of Suffolk)
Myriam E. Rodriguez, being duly sworn, deposes and says as follows:
I am not a party to the within action, I am at least (18) years of age and reside in Lake
Grove, New York,
That on May 17, 2022 I served the within Plaintiff's Response to Defendant's CPLR
3101(d) demand upon:
The Bongiorno Law Firm
Attorney for Plaintiff: Arundel
250 Mineola Boulevard
Mineola, New York 11501
(516) 741-4170
File No.: 6230.PP
brandoncruzesq@amail.com
beruz@thebongiornolawfirm.com
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Ian Chaikin, PLLC
Attorneys for Plaintiff: Lipets
ichaikin@ichaikinpllc.com
Frank J. Laine, P.C.
Attomeys for Plaintiff: Estate of Grabina
449 South Oyster Bay Road
Plainview, New York 11803
(516) 937-1010
info@fjllaw.com
filpc4@optonline.net
Sullivan, Papain, Block, McGrath & Cannavo, P.C.
Attorneys for Plaintiff: Estate of Baruch
1140 Franklin Avenue, Suite 200
Garden City, New York 11539
(516) 742-0707
rsullivan@triallawl.com
GSuarez@triallawl.com
jweiss@triallawl.com
Pegalis & Erickson, LLC
Attorneys for Plaintiff: DiMonte
One Hollow Lane, Suite 107
Lake Success, New York 11042
(516) 684-2939
gneilsen@pegalisanderickson.com
abs@pegalisanderickson.com
Block O'Toole & Murphy
Attorneys for Plaintiff: Estate of Belli
1 Pennsylvania Plaza, Suite 5315
New York, New York 10119
(212) 736-5300
File No.: 4044
dseiden@blockotoole.com
Law Offices of Joseph C. Tock
Attorneys for Plaintiff: Crai
963 Route 6
Mahopac, New York 10541
(845) 628-8080
joetock@tocklaw.com
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pc@tocklaw.com
__________________________________________..___________________________________________________ _______________
Bongiorno, Montiglio & Palmieri
Attorneys for Defendant: Ultimate Class Limo & Carlos Pino
200 Old Country Road,
Suite 680,
Mineola, NY 11501
(516)-620-4490
neil.palmieri@bmpnylaw.com
tracey.herbst@bmpnylaw.com
Cascone & Kluepfel, LLP
Attorneys for Defendant: Romeo Dimon Marine Service
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(516) 747-1990
File No.: 03787DVM
dkluepfel@cklaw.com
llucchese@cklaw.com
DTavella@cklaw.com
Lewis Johs Avallone & Aviles
Attorneys for Defendant Steven Romeo
1377 Motor Parkway
Suite 400
Islandia, New York 11749
(631) 755-0101
File No.: 0114.1460.001C
Roseanne - Calendar
rkdevlin@lewisjohs.com
Thomas M. Volz, PLLC
Attorney for Town of Southold
280 Smithtown Blvd.
Nesconset, New York 11787
631-366-3065
David Arnsten
Jshteierman@tvolzlaw.com
darnsten@tvolzlaw.com
Vincent D. McNamara
Attorney for Defendant County of Suffolk
1045 Oyster Bay Road
East Norwich, New York 11732
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(516) 922-9100
vdm-law.com
Law Offices of Andrea G. Sawyers
Attorneys for Defendant Cabot Coach Builders
3 Huntington Quadrangle, Suite 102S
Melville, New York 11747
(631) 501-3100
Rebecca - Calendar: 501-3100
(631)
ssteiger@travelers.com
by electronically filing via New York State Court Electronic Filing System.
Myri E. Rodriguez ,
Sw o before m t 17th day of May, 2022
NOTARY P LIC
EDITH H. MARTUSCELLO
NOTARY PUBLIC-STATE OF NEW YORK
No. 01MA7746670
Qualified in Suffolk County
My Commission Expires July31,
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FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index Nos.: 611214/15 ----------------------------------------------------------------------------X 609082/15 ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS 600055/16 ADMINISTRATRIX OF THE ESTATE OF BRITTNEY 603536/16 M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY 003364/16 GRABINA, AS ADMINISTRATRIX OF THE ESTATE 607598/16 OF AMY GRABINA, AND MINDY GRABINA, 001831/16 INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; AND MELISSA A. CRAI, Plaintiffs, PLAINTIFF SCHULMAN'S -against- CPLR 3101(d) EXPERT RESPONSE ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, Defendants. ___________________________________________________________________________Ç The following is Suzanne Schulman, as Administratrix of the Estate of Brittney Defendants' M. Schulman, Deceased's Response to CPLR 3101(d) Expert Demands upon information and belief: EXPERT: Plaintiff, Suzanne Schulman, as Administratrix of the Estate of Brittney M. Schulman, deceased, has retained and expects to call at the time of trial, Gerard A. Catanese, M.D., a duly licensed physician, double board certified in the field of anatomic and clinical and pathology forensic pathology, who maintains an office for the practice of medicine at 64 Muttontown East Woods Road, Syosset, New York 11791. SUBJECT MATTER AND SUBSTANCE OF THE FACTS AND OPINIONS: All of the opinions set forth in this response are within a reasonable degree of medical 1 1 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 certainty. Dr. Catanese is expected to testify based upon his review of all relevant records including, inter alia, the police report, death certificate, medical examiners file, autopsy report, autopsy photographs, on the scene collision photographs and deposition transcripts. His opinions are based upon not only the relevant records but his education training, knowledge, expertise and actual experience in the field of pathology. Dr. Catanese is expected to testify with regard to the matters, history, facts, findings, impressions, conclusions, diagnoses and opinions contained in the documents reviewed, including but not limited to the following: the nature and extent of the injuries that decedent, Brittney M. Schulman, sustained by reason of the subject collision which occurred on July 18, 2015, with detailed focus on conscious pain and suffering, length of time that Brittney Schulman consciously endured pain and suffering, post extremis consciousness and pre-impact terror. Dr. Catanese will testify that Brittney M. Schulman was a 23-year-old female who on July 18, 2015, at 5:11 PM, was a passenger in a limousine which was involved in a two (2) vehicle collision. Brittney Schulman was pronounced dead at 5:30 PM about 19 minutes after the collision which caused multiple blunt impact injuries resulting in her death. The limousine which was attempting to make a three (3) point U-turn and a pickup truck which was exceeding the speed limit collided into the passenger side of the limousine in which Brittney was a passenger. According to the medical examiner's investigation and the police reports, Dr. Catanese will testify that Brittney M. Schulman was seated in the front passenger seat behind the limousine driver and was a belted passenger. Dr. Catanese has concluded and is expected to testify that an autopsy was performed by the Suffolk County Medical Examiner's Office and that the injuries that Brittney M. Schulman suffered were numerous, severe and resulted in death. These injuries included fractures of her 2 2 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 mandible, ribs,pelvis and left femur with contusions and lacerations of her liver and right kidney and transection of her aorta. From her injuries, she bled 250 ml into her chest cavity and 200 ml into her abdominal cavity. It was also noted that she aspirated blood into her lungs. had Brittney no significant underlying natural disease, and her blood ethanol level was 0.21%. Her cause of death was determined to be multiple blunt impact injuries. Dr. Catanese reviewed the transcripts of Carlos Pino (the limousine driver) who testified that he heard screaming and suffering coming from the rear of the limousine as did Steven Romeo the driver of the pickup truck. Dr. Catanese is expected to testify that there were significant head injuries described in the autopsy report and therefore there is no reason to conclude that Brittney Schulman was immediately unconscious following the collision. Further Dr. Catanese is expected to testify that he believes, and itis his opinion that she was alive after the collision because she bled from her injuries including hemorrhaging into her chest and abdominal cavities. Based on the injuries described in the autopsy, Brittney Schulman died from hemorrhage into our lungs and abdominal cavities. Brittney Schulman bled 700 ml into her body cavities from her injuries. Dr. Catanese based upon his experience states that generally speaking if one is dead and one's heart stopped then one will no longer bleed from one's injuries. So, the finding of the amount of hemorrhage into Brittney Schulman's body cavities indicates that she had a pulse and survived for a period of time after the collision occurred. The autopsy finding of aspirated blood in Brittney Schulman's lungs also supports the conclusion that she was alive and breathing after the collision occurred and that she consciously experienced severe pain and she would have consciously experienced fear of impending death. Dr. Catanese also notes that at some point prior to the accident Brittney would have 3 3 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 become aware of the impending collision and she would have experienced pre-impact terror. Brittney's blood alcohol level taken at the time of the autopsy was 0.21% which based upon statistical levels, an individual would have been impaired, but depending on their tolerance experience with ethanol they would stillbe able to understand the severity of the situation and the pain. Dr. Catanese has concluded and opines to a reasonable degree of medical certainty or medical probability that the decedent, Brittney M. Schulman, died from the injuries she sustained in the collision of July 18, 2015; that she experienced conscious pain-and-suffering at the time of her initial injuries as well as pre-impact terror based on the location of where the decedent was positioned in the limousine and prior to the impact occurring. Dr. Catanese further is expected to testify and express an opinion to a reasonable degree of medical certainty or probability, that Brittney M. Schulman experienced up to ten (10) seconds of conscious pain-and-suffering from her injuries as well as pre-impact terror prior to the collision and the terror of consciously knowing that she was in extremis. Dr. Catanese's expert analysis and report is fully adopted herein and is attached hereto as plaintiff's Exhibit A. SUMMARY OF GROUNDS FOR EXPERT'S OPINION: Dr. Catanese is expected to testify and to give his opinions based upon his review of the medical records including the autopsy report of the decedent, Brittney M. Schulman, photographs, investigative reports, accident reports, depositions and testimony, and all discovery obtained in this action any and all trialtestimony and documentary proof presented at trial. QUALIFICATIONS: plaintiffs' Dr. Catanese's curriculum vitae is attached hereto as Exhibit B. 4 4 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 Dated: East Northport, New York May 16. 2022 JOH . JU c ¹O P.C. Ty: , kn 1 ,.uliano. Esq Attorneys for Plaintiff Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulnmn 39 Doyle Court East Northp(nt NY 11731 631-499.9300 a ohnijsyayremn To: All efiled counsel 5 5 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 "A" EXHIBIT 6 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 f ierardA Qianese MD 64 Muttentown I astwoods Road Syosset N. Y I 179 (5I6) M4-01I5 04/06/22 John Juliano Law Ollice of John Juliano 39 Doyle Court . East Northport N Y I1731 Re Brinney Schulman Dear Mr Juliano At yout request I have reviewed the case record including the police report the scene the death the report and the deposition photographs, certificate, autopsy transcripts of Carlos Pino and Steven Romeo to Brittney Schulman relating year old female who on 07/I8/15 at 5 1I pm was a Brittney Scholman was a 23 involved in a two vehicle collision She was pronounced dead passenger itta limousine at 5.30 pm about 19 minutes afterthe accident Her cause of death was that day determined to be multiple blunt impact mjuries to policereport Schulman was a passenger in a taxi According the Brittney to make a U-turn a pickup truck to collidewith the (limousine) which attempted causing passenger side of the limousine in which Brittney Schulman was a passenger The accident occurred on 07/18/15 at 5 I1 pm. performed theSuffolk County Medical Examiner's Office An autopsy was by Schulman suffered were numerous and severe. These injuries The injuries that Brittney pelvis and leftfemur with contusions of her . . included fractures of her mandible, ribs, liverand right and a transaction of her aorta.From tungs and lacerations of her kidney each chest and 200 ml intoher abdominal cavity. her injuries she bled 250 mi into cavity aspirated blood intoher lungs. She had no significant She was also noted to have blood ethanol level was 0 21% Her cause of death was natural disease.IIer underlying determined to be multiple blunt impact injuries transcript of Carlos Pino (the limousine driver) after . According to the deposition accident he heard and suffering. the screaming transcript of Steven Romeo (the pickup truck driver) to the deposition According heard in the limousine after the accident he screaming show the truck afterthe impact witli . photographs of the accident scene The compartment of the hmousme. into the passenger side the hmousme mtruding 7 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 Itshotdd be noted thatthere are no weie sigmlicant head injunes deknbed m the autopsy repon therefore there isno reason to conclude that Batine3 Scholin.m was immedately unconsemus followmg the accident We inow that she was alive after the acetdent occuned because she bled from her mluries hemonhage meluding into her chest and abdominal cauues Based on the injuries desenbed m the autopsy repat Bottnes Schulman died from hemonhage Schulrnan Bnitney bled 7N m) ofblood mto her beds cauties fEoni her imuries Generath speaking ifone isdead and ones hearthas stopped then one wdl no kmger bleed trom ones injunes So the lindmg of thn amount of hemorrhage intoBrittney 5thulman s body cauties indicates that she had a pulse and she suruved for a period of time after the accident occurred Ihe autopsy linding of aspirated blood m Bnttney Schulman s lungs also supports thisconclusmn because n indicates that she was aller the accident occurred breathmg The autopsv report desenbes a transected acita Schulman bled 700 iniof Brittney bk>od into her body cavities from her injuries The time ittakes to bleed 700 mi ot'blood from a transected aorta is wnhin 30 seconds after the usually sustaming injury The mjunes that antiney Schulman sustained were very severe and would they have been pamful Dunng the time following the accident Brittney Schulman would have experienced conscious pain and suffenng from hei injuriesas well as fearof impending death Itshould also be noted that atsome point pnor to the accident Schulman Battney would have become aware of the impendmg accident and she would have expenenced pre-impact terror Bntiney Schulman blood ethanol level taken at theautopsy w as 02I At a blood alcohol level of 0 21% an individual would be impaired but on depending their tolerance and experience with ethanol they would stillable to understand the seventy of the situanon and feelpain Therefore based on the above information itis my opinion within a reasonable degree of medical that certainty that Brittney Schulman died from the mjuries she sustained in the accident Itis also my opimon within a reasonable degree of medical certainty that she experienced up to 30 seconds of conscious pain and suttenag from her injuries as well as pre-impact terror prior to the accident as outlineabos e el Gerard A Catanese MD I reserve the right lo amend my opimon ifand when new mformatmn becomes available 8 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 "B" EXHIBIT 9 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 CURRICULUM VITAE Geraul A. Catanese MD. Home Address: 64 Mw*nwown Eastwoods Road · Syosset N. Y, 11791 Home Telephone: 516-921-6820 FIome OHice: 516-364-0115 Dale of 13irtlr 11/01/60 EDUCATION: 97/9-5/83 . SL Johns University, Queens, N. Y R. S.Biology 9/83-5/87 SUNYHealth Science Centcr at Ricoklyn, N. Y Doctor of Medicine RESIDENCY: 7/87-6/89 Algatotnic Pathology. SUNY Hen1th Science Contor at Brooklyn 450 Clakson Avenue, Bmoklyn, N. Y 11203 7/894/90 PediatricInicrn Wintluup Univeraily Hospital 260 FirstStreet,Mineola, N. Y11501 7/904/92 Clinical Pathology , SUNYHeakh SciericeCenter at Bmoklyn ' , 450 Clarkson Avenue, 15tooklyn, N. Y 11203 FELLOWSHIP: 7/92-fi/93 Forensic Parliology - New York Cityinedical examiner's Office 520 FirstAvenue, New York, N. Y 10016 10 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 FMPLOY MENT: 7/93-9/93 City Medical Examinor New York medical examiner's OfHce . City 520 First Avenue, New York, N. Y. 10016 10/93- 11/15 Medicai Examinor Deputy Nassau County Medical emninc‘s Olfico 2251 Hempstead Turnpike, East Meadow, N.Y. 11554 01/16- 10/18 Chief Medical Examiner Deputy Suffolk Commty Medient Examiner's Office 725 ½terass Memorial Higinvay Hauppauge, N.Y 11788 04/09/20- present Part Time Medical t!xaminer Nassau County Medical l!xaminers OHice 2251 Hempstead Lunpike, Fast Meadow, N.Y 11554 LICENSE: New Yod $175689 New Jersey #62283 Pennsylvania #MD-069699-L Board Certified: Anatomic and Clinical Pathology (11/05/92) Forensic Patltology( 5/31/94) PROFESSIONAL SOCIETIES: American Academy of Forensic Sciences 11 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 611214/15 _______________________________________________________________________Ç ALICIA M. ARUNDEL, SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, et. al. Plaintiffs, AFFIDAVIT OF SERVICE -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC. d/b/a ROYALE LIMOUSINE, et.al. Defendants. _______________________________________________________________________Ç State of New York) ss.) County of Suffolk) Myriam E. Rodriguez, being duly sworn, deposes and says as follows: I am not a party to the within action, I am at least (18) years of age and reside in Lake Grove, New York, That on May 17, 2022 I served the within Plaintiff's Response to Defendant's CPLR 3101(d) demand upon: The Bongiorno Law Firm Attorney for Plaintiff: Arundel 250 Mineola Boulevard Mineola, New York 11501 (516) 741-4170 File No.: 6230.PP brandoncruzesq@amail.com beruz@thebongiornolawfirm.com 1 12 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 Ian Chaikin, PLLC Attorneys for Plaintiff: Lipets ichaikin@ichaikinpllc.com Frank J. Laine, P.C. Attomeys for Plaintiff: Estate of Grabina 449 South Oyster Bay Road Plainview, New York 11803 (516) 937-1010 info@fjllaw.com filpc4@optonline.net Sullivan, Papain, Block, McGrath & Cannavo, P.C. Attorneys for Plaintiff: Estate of Baruch 1140 Franklin Avenue, Suite 200 Garden City, New York 11539 (516) 742-0707 rsullivan@triallawl.com GSuarez@triallawl.com jweiss@triallawl.com Pegalis & Erickson, LLC Attorneys for Plaintiff: DiMonte One Hollow Lane, Suite 107 Lake Success, New York 11042 (516) 684-2939 gneilsen@pegalisanderickson.com abs@pegalisanderickson.com Block O'Toole & Murphy Attorneys for Plaintiff: Estate of Belli 1 Pennsylvania Plaza, Suite 5315 New York, New York 10119 (212) 736-5300 File No.: 4044 dseiden@blockotoole.com Law Offices of Joseph C. Tock Attorneys for Plaintiff: Crai 963 Route 6 Mahopac, New York 10541 (845) 628-8080 joetock@tocklaw.com 2 13 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 pc@tocklaw.com __________________________________________..___________________________________________________ _______________ Bongiorno, Montiglio & Palmieri Attorneys for Defendant: Ultimate Class Limo & Carlos Pino 200 Old Country Road, Suite 680, Mineola, NY 11501 (516)-620-4490 neil.palmieri@bmpnylaw.com tracey.herbst@bmpnylaw.com Cascone & Kluepfel, LLP Attorneys for Defendant: Romeo Dimon Marine Service 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (516) 747-1990 File No.: 03787DVM dkluepfel@cklaw.com llucchese@cklaw.com DTavella@cklaw.com Lewis Johs Avallone & Aviles Attorneys for Defendant Steven Romeo 1377 Motor Parkway Suite 400 Islandia, New York 11749 (631) 755-0101 File No.: 0114.1460.001C Roseanne - Calendar rkdevlin@lewisjohs.com Thomas M. Volz, PLLC Attorney for Town of Southold 280 Smithtown Blvd. Nesconset, New York 11787 631-366-3065 David Arnsten Jshteierman@tvolzlaw.com darnsten@tvolzlaw.com Vincent D. McNamara Attorney for Defendant County of Suffolk 1045 Oyster Bay Road East Norwich, New York 11732 3 14 of 15 FILED: SUFFOLK COUNTY CLERK 05/17/2022 10:30 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 872 RECEIVED NYSCEF: 05/17/2022 (516) 922-9100 vdm-law.com Law Offices of Andrea G. Sawyers Attorneys for Defendant Cabot Coach Builders 3 Huntington Quadrangle, Suite 102S Melville, New York 11747 (631) 501-3100 Rebecca - Calendar: 501-3100 (631) ssteiger@travelers.com by electronically filing via New York State Court Electronic Filing System. Myri E. Rodriguez , Sw o before m t 17th day of May, 2022 NOTARY P LIC EDITH H. MARTUSCELLO NOTARY PUBLIC-STATE OF NEW YORK No. 01MA7746670 Qualified in Suffolk County My Commission Expires July31, 4 15 of 15