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FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
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EXHIBIT CC
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
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//C75-5V/ JC
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.: 611214/2015
____________---____-------_______________________________Ç
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as
Administratrix of the ESTATE OF BRITTANY VERIFIED BILL
SCHULMAN, deceased; OLGA LIPETS; MINDY OF PARTICULARS
GRABINA, as Administratrix of the Estate of AMY AS TO DEFENDANT,
GRABINA, and MINDY GRABINA, Individually; TOWN OF SOUTHOLD
STEVEN BARUCH, as Administrator of the Estate of
LAUREN BARUCH, deceased and STEVE BARUCH,
Individually; JOELLE DIMONTE; and MELISSA A.
CRAI,
Plaintiffs,
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD, and COUNTY OF
SUFFOLK,
Defendants.
-------------____________________..______________Ç
Plaintiff, ALICIA M. ARUNDEL, by her attorneys, THE BONGIORNO LAW FIRM,
PLLC, as and for her Verified Bill of Particulars as to Defendant, TOWN OF SOUTHOLD,
respectfully alleges the following:
1. Not applicable.
2. Plaintiff's Address: 2638 21st Street, Apt 2F, Astoria, NY 11102.
3. Date of Birth: Plaintiff objects to the Demand as it is not properly within the
scope of a Bill of Particulars pursuant to CPLR § 3043. Notwithstanding this objection,
plaintiff, ALICIA M. ARUNDEL was born in 1991.
Plaintiff's Social Security Number: As disclosing Plaintiff's Social Security
Number in the course of litigation necessarily makes that information public, it is
impermissible pursuant to New York State General Business Law § 899-aa, 5 U.S.C. §
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552[b][6] and the Federal Privacy Act of 1974 (Public Law-93-579) § 7. To do so has
privacy."
been held to be "an unwarranted invasion of Seelig v. Sielaff, 201 A.D.2d 298
(1"
Dept. 1994).
Otherwise, this demand is objected to as a demand for interrogatory. Pursuant to
CPLR 3130, in a personal injury action where you have demanded a Bill of Particulars
and noticed the deposition(s) upon oral examination of Plaintiff(s), you may not serve a
demand for interrogatories. McKinney's Cons. Laws of N.Y., Book 7B, CPLR 3130 (1);
Siegel, New York Practice, Second Edition § 361, P 525.
4. Date, Time, and Location of Occurrence: 7/18/2015 at approximately 5:11pm. At
the intersection of County Road 48 and Depot Lane, in the Town of Southold, County of
Suffolk, State of New York.
5. The Defendant, TOWN OF SOUTHOLD, itsagents, servants and/or employees,
were careless and negligent as follows:
" in the careless and reckless
negligent, ownership, operation, maintenance,
management, control, design, installation, construction and repair of the
aforementioned roadways and intersection;
" in aware of the dangerous and hazardous conditions of the aforesaid
being
roadways and failing to take any action to rectify the known dangerous and
hazardous conditions thereon;
" in to perform reasonable and adequate traffic
failing studies;
" in to maintain the subject intersection;
failing properly
" in to and maintain the subject roadways and intersection in a
failing keep
reasonably safe condition;
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" in the aforementioned dangerous conditions;
creating
" in failing to properly design and construct and control the subject intersection;
" in failing to repair traffic control devices and/or signs;
missing
" in to implement and effectuate plans to the dangerous traffic and
failing remedy
roadway conditions that existed within a reasonable time;
" in unsafe and defective conditions to exist upon the
allowing dangerous,
aforementioned roadways and intersection;
" in to make said intersection safe for members of the public who
failing roadway
used the roadways;
" in to or repair or inspect for said dangerous and defective
failing remedy
conditions and/or failing to effectuate plans to remedy the conditions within a
reasonable time;
" in to and maintain the aforesaid roadways and
failing properly design, construct,
intersections;
" in to install the proper traffic control but not limited to
failing device(s), including
traffic lights, and proper traffic warning signage devices;
" in to design and construct and control the subject intersection or
failing properly
to implement plans for same within a reasonable time, all despite knowledge and
notice, both written, actual and constructive, that the intersection was dangerous
and known to be used limousines and other vehicles to make "U"-
commonly by
turns across the path of oncoming traffic traveling on County Road 48;
" in all applicable statutes, rules, codes and ordinances;
violating laws,
" in to prohibit U-turns at the subject intersection;
failing
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" in to prohibit U-turns at the subject intersection even though itwas known
failing
for a substantial period of time that U-turns could not be made safely at the
intersection;
" in to regulate traffic CR 48 that was known to make U-
failing properly entering
turns at Depot Lane;
" in to provide for reasonable and proper sight lines for
failing motorists;
" in to exercise reasonable care in the design, installation, construction
failing
and/or placement of appropriate traffic controls at the subject intersection;
" in to direct the flow of traffic at the subject
failing properly intersection;
" in to place appropriate signs and signals to U-turns at the subject
failing relating
intersection;
" in to re-evaluate and/or review the traffic
failing inspect, re-inspect, evaluate,
controls at the subject intersection despite notice of the dangerous conditions
existing thereat;
" in to supervise and control
failing own, operate, manage, maintain, repair, inspect,
the aforementioned traffic controls in reasonably safe condition;
" in to and/or the intersection for
failing properly assess, reassess, survey re-survey
safety both before and after planning the placement of traffic controls;
" in and the subject intersection to become and
causing, allowing permitting be,
remain dangerous for a period of time after being notified that there was a
defective, dangerous and/or hazardous condition for motorists thereat;
" in causing, and a to exist at said
allowing permitting trap location;
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" in a dangerous creation at the aforementioned location by
creating allowing
vehicular traffic to proceed and make illegal U-turns;
" in to take the steps and measures to prevent the subject
failing necessary
intersection from being used while in said dangerous condition;
" in designing, and/or a dangerous, defective and unsafe
causing creating
intersection where motor vehicles would travel;
" in to inspect the aforementioned roadways and intersection for
failing properly
defective, improper, and/or insufficient traffic control devices;
" in the aforementioned roadways and intersection;
negligently operating
" in the aforementioned roadways and intersection;
negligently maintaining
" in the aforementioned roadways and intersection;
negligently repairing
" in the aforementioned roadways and
negligently inspecting intersection;
" in the aforementioned roadways and
negligently designing intersection;
" in the aforementioned roadways and
negligently installing intersection;
" in the aforementioned roadways and
negligently constructing intersection;
" in to ensure that the aforementioned roadways and intersection were in a
failing
reasonably safe and suitable condition for use by the general public;
" in to operate the aforementioned roadways and intersection in a
failing reasonably
safe and suitable condition for use by the general public;
" in to maintain the aforementioned roadways and intersection in a
failing
reasonably safe and suitable condition for use by the general public;
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" in to repair the aforementioned roadways and intersection to ensure that
failing
they would be in a reasonably safe and suitable condition for use by the general
public;
" in to inspect the aforementioned roadways and intersection to ensure that
failing
they were in a reasonably safe and suitable condition for use by the general
public;
" in to design the aforementioned roadways and intersection such that
failing they
were in a reasonably safe and suitable condition for use by the general public;
" in to install the aforementioned roadways and intersection in a
failing reasonably
safe and suitable condition for use by the general public; in failing to construct the
aforementioned roadways and intersection in a reasonably safe and suitable
condition for use by the general public;
" in a and/or defective condition at the
creating dangerous, hazardous, unsafe,
aforementioned roadways and intersection;
" in the aforementioned roadways and intersection to become in a
allowing
dangerous, hazardous, unsafe, and/or defective condition;
" in to make repairs or take remedial measures despite the
failing knowing
aforementioned roadways and intersection were in a dangerous, hazardous,
unsafe, and/or defective condition;
" in to redesign the roadways and intersection despite the
failing knowing
aforementioned roadways and intersection were in a dangerous, hazardous, and/or
defective condition;
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" in failing to make repairs or take remedial measures when it should have known
the aforementioned roadways and intersection were in a dangerous, hazardous,
unsafe, and/or defective condition;
" in to redesign the roadways and intersection when it should have known
failing
the aforementioned roadways and intersection were in a dangerous, hazardous,
unsafe, and/or defective condition;
" in to respond to complaints the
failing adequately regarding dangerous,
hazardous, unsafe, and/or defective condition of the aforementioned roadways
and intersection;
" in to warn and/or caution motorists of the
failing dangerous, hazardous, unsafe,
and/or defective condition of the aforementioned roadways and intersection;
" in to correct the and/or defective
failing timely dangerous, hazardous, unsafe,
condition of the subject roadways and intersection;
" in to investigate the cause of prior accidents at or around the subject
failing
intersection;
" in to make repairs or take remedial measures despite said prior accidents at
failing
or around the subject intersection;
" in to redesign the aforementioned intersection despite said prior accidents
failing
at or around the subject intersection;
" in to install appropriate signs at subject
failing stop intersection;
" in to create a at the subject
failing four-way stop intersection;
" in to designate appropriate speed limits at the subject roadways and
failing
intersection;
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" in failing to clear obstructions at the subject roadways and intersection;
" in to provide for proper at the subject roadways and intersection;
failing visibility
" in to and inspect the subject roadways and
failing properly completely
intersection for adequate and proper line of sight for vehicles traveling on the
aforementioned roadways;
" in to inspect for and obstructions near or around the
failing remedy visibility
aforementioned roadways and intersection;
" in to install appropriate traffic lights at said intersection;
failing
" in to install proper signage at the
failing intersection;
" in to install traffic lights at said
failing intersection;
" in to install appropriate traffic control devices at the subject
failing intersection;
" in to repair and/or replace traffic control devices at the aforesaid
failing
intersection known to be faulty, dangerous, inadequate, unsafe and/or defective;
" in to install and/or maintain safe and proper traffic light at the
failing sequencing
subject intersection, including turning arrows and signals, despite prior notice of a
defective and/or dangerous traffic light sequencing/traffic pattern conditions at the
intersection;
" in to install proper traffic control devices at the aforesaid
failing intersection,
including but not limited to a fully operational three-phase traffic light with
turning arrows rather than a flashing yellow light;
" in to post and/or post traffic devices and/or
failing properly signals, signage,
including but not limited to No U-Turn signs, U-Turn limitation signs, turning
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limitation signs, caution signs and/or other appropriate signs at the aforesaid
intersection;
" in to install speed restriction signs, traffic light warnings and/or other
failing
speed reduction devices on and along the roadways preceding to the
aforementioned intersection;
" in to post and enforce appropriate speed limits for vehicles on
failing traveling
County Route 48 in the vicinity of the subject intersection;
" in to and inspect the aforesaid roadways for
failing properly appropriately
adequate and proper traffic control devices;
" in to correct and repair or replace unsafe
failing faulty, inadequate, dangerous,
and/or defective and/or otherwise inoperable traffic control devices at the subject
intersection;
" in to install appropriate signage and
failing roadway markings;
" in to post and enforce appropriate speed limits for vehicles on the
failing traveling
aforementioned roadways in the vicinity of the subject intersection;
" in to provide roadways and an intersection that was safe for vehicular
failing
travel; and
" in New York State Department of Transportation codes and
violating rules,
standards.
6. Plaintiff, ALICIA M. ARUNDEL, sustained the following personal injuries:
LEFT UPPEREXTREMITY:
I SURGERY: On July 24, 2015 Plaintiff underwent the following procedure
under general anesthesia performed by Edward Wang, MD at Stony Brook
University Hospital:
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- Open reduction internal fixation of left distal humerus supracondylar and
intercondylar comminuted fracture of the distal humerus with an
olecranon osteotomy and an ulnar nerve anterior transposition.
I Comminuted left distal humerus fracture with intraarticular extension and
intraarticular comminution;
I Olecranon ORIF with plate and screw fixation;
I Ulnar nerve neurolysis;
I Medial and lateral distal humeral plate and screw fixation;
I 3 intraarticular fracture fragments and multiple metaphyseal fracture
fragments;
I Approximately 10 inch perrnanent conspicuous surgical scarring with screw
protrusion;
I Tender and painful keloidal scar;
I Nelve damage;
I Constant, chronic aching, burning, throbbing pain;
I Left elbow deformity;
I Severely limited strength;
I Soft tissue swelling;
I Elbow joint effusion;
I Significant loss of range of motion;
I Severely limited range of motion;
I Numbness and tingling in lefthand;
I Edema;
I Joint stiffness;
I Joint swelling;
I Elbow deformity related to surgical hardware;
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I Indicated for additional surgical procedure to address nerve issues by
Dr. Wang;
I Indicated for additional surgical procedure to remove painful hardware;
FACE/HEAD:
I PLASTIC SURGERY: On July 18, 2015 Plaintiff underwent the following
procedures performed by Robert Jacobs, MD at Peconic Bay Medical Center:
- repair
Flap of the cheek;
" Complex repair of the cheek, forehead and chin.
I Multiple lacerations, abrasions. avulsions of the forehead, cheek and chin;
I Lacerated chin requiring sutures;
I Laceration to left cheek requiring sutures;
I Concussion;
LEFT HAND/FINGER:
I Deep tissue laceration to middle finger exposing tendon and requiring sutures;
PERMANENT SCARRING:
I Permanent conspicuous scarring of the head, face, chin, lefthand, left middle
finger, right leg, left leg, left elbow and am3;
PSYCHOLOGICAL INJURIES:
I Severe Post-traumatic stress disorder (PTSD);
I Concussion;
I Anxiety;
I Anxiety attacks;
I Panic Disorder;
I Trembling;
I Cold sweats;
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I Facial twitching;
I Blinking;
I Intrusive memories;
I Panic attacks;
I Irritability;
1 Depression;
I Decreased energy;
I Vivid and disturbing dreams;
I Dissociative states;
I Decreased appetite;
1 Difficulty sleeping;
I Difficulty falling asleep;
I Grinding of teeth at night;
I Frequent TMJ symptoms.
OTHER INJURIES:
I Difficulty with activities of daily living;
I Difficulty carrying objects;
I Difficulty self grooming;
I Difficulty pushing objects;
The forgoing injuries affected the general health of the Plaintiff. The foregoing
injuries directly affected the bones, tendons, tissues, muscles, ligaments, nerves, blood
vessels and soft tissues in and about the involved areas and sympathetic and radiating
pains, from all of which the plaintiff suffers and may permanently suffer as a result of the
accident and the injuries therein sustained.
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All of the ab
Preview
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1035 RECEIVED NYSCEF: 09/06/2022 EXHIBIT CC FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF (FIÚEDDOC. : NO.SUF1035 FOLK COUNTY CLERK 03/16/2017 02:20 RECEIVEDINDEXNYSCEF: NO. 09/06/2022 611214/2015 Pli NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 03/16/2017 //C75-5V/ JC SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 611214/2015 ____________---____-------_______________________________Ç ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as Administratrix of the ESTATE OF BRITTANY VERIFIED BILL SCHULMAN, deceased; OLGA LIPETS; MINDY OF PARTICULARS GRABINA, as Administratrix of the Estate of AMY AS TO DEFENDANT, GRABINA, and MINDY GRABINA, Individually; TOWN OF SOUTHOLD STEVEN BARUCH, as Administrator of the Estate of LAUREN BARUCH, deceased and STEVE BARUCH, Individually; JOELLE DIMONTE; and MELISSA A. CRAI, Plaintiffs, -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD, and COUNTY OF SUFFOLK, Defendants. -------------____________________..______________Ç Plaintiff, ALICIA M. ARUNDEL, by her attorneys, THE BONGIORNO LAW FIRM, PLLC, as and for her Verified Bill of Particulars as to Defendant, TOWN OF SOUTHOLD, respectfully alleges the following: 1. Not applicable. 2. Plaintiff's Address: 2638 21st Street, Apt 2F, Astoria, NY 11102. 3. Date of Birth: Plaintiff objects to the Demand as it is not properly within the scope of a Bill of Particulars pursuant to CPLR § 3043. Notwithstanding this objection, plaintiff, ALICIA M. ARUNDEL was born in 1991. Plaintiff's Social Security Number: As disclosing Plaintiff's Social Security Number in the course of litigation necessarily makes that information public, it is impermissible pursuant to New York State General Business Law § 899-aa, 5 U.S.C. § 1 of 22 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1035 INDEX RECEIVED NO. NYSCEF: 611214/2 015 09/06/2022 FILED : SUFFOLK COUNTY CLERK 03/16/2017 02 :2 0 PlD NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 03/16/2017 552[b][6] and the Federal Privacy Act of 1974 (Public Law-93-579) § 7. To do so has privacy." been held to be "an unwarranted invasion of Seelig v. Sielaff, 201 A.D.2d 298 (1" Dept. 1994). Otherwise, this demand is objected to as a demand for interrogatory. Pursuant to CPLR 3130, in a personal injury action where you have demanded a Bill of Particulars and noticed the deposition(s) upon oral examination of Plaintiff(s), you may not serve a demand for interrogatories. McKinney's Cons. Laws of N.Y., Book 7B, CPLR 3130 (1); Siegel, New York Practice, Second Edition § 361, P 525. 4. Date, Time, and Location of Occurrence: 7/18/2015 at approximately 5:11pm. At the intersection of County Road 48 and Depot Lane, in the Town of Southold, County of Suffolk, State of New York. 5. The Defendant, TOWN OF SOUTHOLD, itsagents, servants and/or employees, were careless and negligent as follows: " in the careless and reckless negligent, ownership, operation, maintenance, management, control, design, installation, construction and repair of the aforementioned roadways and intersection; " in aware of the dangerous and hazardous conditions of the aforesaid being roadways and failing to take any action to rectify the known dangerous and hazardous conditions thereon; " in to perform reasonable and adequate traffic failing studies; " in to maintain the subject intersection; failing properly " in to and maintain the subject roadways and intersection in a failing keep reasonably safe condition; 2 of 22 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1035 INDEX NYSCEF: RECEIVED NO. 09/06/2022 611214/2015 FILED: SU F FOLK COUNTY CLERK 03/16/2017 02 : 2 0 PM) NYsCEF DOC. NO. 71 RECEIVED NYSCEF: 03/16/2017 " in the aforementioned dangerous conditions; creating " in failing to properly design and construct and control the subject intersection; " in failing to repair traffic control devices and/or signs; missing " in to implement and effectuate plans to the dangerous traffic and failing remedy roadway conditions that existed within a reasonable time; " in unsafe and defective conditions to exist upon the allowing dangerous, aforementioned roadways and intersection; " in to make said intersection safe for members of the public who failing roadway used the roadways; " in to or repair or inspect for said dangerous and defective failing remedy conditions and/or failing to effectuate plans to remedy the conditions within a reasonable time; " in to and maintain the aforesaid roadways and failing properly design, construct, intersections; " in to install the proper traffic control but not limited to failing device(s), including traffic lights, and proper traffic warning signage devices; " in to design and construct and control the subject intersection or failing properly to implement plans for same within a reasonable time, all despite knowledge and notice, both written, actual and constructive, that the intersection was dangerous and known to be used limousines and other vehicles to make "U"- commonly by turns across the path of oncoming traffic traveling on County Road 48; " in all applicable statutes, rules, codes and ordinances; violating laws, " in to prohibit U-turns at the subject intersection; failing 3 of 22 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. : NO. 1035 RECEIVEDINDEX NYSCEF: NO. 09/06/2022 611214 /2015 FILED SUFFOLK COUNTY CLERK 03/16/2017 02:20 Pl! NY$CEF DOC. NO. 71 RECEIVED NYSCEF: 03/16/2017 " in to prohibit U-turns at the subject intersection even though itwas known failing for a substantial period of time that U-turns could not be made safely at the intersection; " in to regulate traffic CR 48 that was known to make U- failing properly entering turns at Depot Lane; " in to provide for reasonable and proper sight lines for failing motorists; " in to exercise reasonable care in the design, installation, construction failing and/or placement of appropriate traffic controls at the subject intersection; " in to direct the flow of traffic at the subject failing properly intersection; " in to place appropriate signs and signals to U-turns at the subject failing relating intersection; " in to re-evaluate and/or review the traffic failing inspect, re-inspect, evaluate, controls at the subject intersection despite notice of the dangerous conditions existing thereat; " in to supervise and control failing own, operate, manage, maintain, repair, inspect, the aforementioned traffic controls in reasonably safe condition; " in to and/or the intersection for failing properly assess, reassess, survey re-survey safety both before and after planning the placement of traffic controls; " in and the subject intersection to become and causing, allowing permitting be, remain dangerous for a period of time after being notified that there was a defective, dangerous and/or hazardous condition for motorists thereat; " in causing, and a to exist at said allowing permitting trap location; 4 of 22 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1035 RECEIVEDINDEX NYSCEF: NO . 6 112 09/06/2022 14 / 2 O15 FILED: SUFFOLK COUNTY CLERK 03/16/2017 02:20 PlÈ NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 03/16/2017 " in a dangerous creation at the aforementioned location by creating allowing vehicular traffic to proceed and make illegal U-turns; " in to take the steps and measures to prevent the subject failing necessary intersection from being used while in said dangerous condition; " in designing, and/or a dangerous, defective and unsafe causing creating intersection where motor vehicles would travel; " in to inspect the aforementioned roadways and intersection for failing properly defective, improper, and/or insufficient traffic control devices; " in the aforementioned roadways and intersection; negligently operating " in the aforementioned roadways and intersection; negligently maintaining " in the aforementioned roadways and intersection; negligently repairing " in the aforementioned roadways and negligently inspecting intersection; " in the aforementioned roadways and negligently designing intersection; " in the aforementioned roadways and negligently installing intersection; " in the aforementioned roadways and negligently constructing intersection; " in to ensure that the aforementioned roadways and intersection were in a failing reasonably safe and suitable condition for use by the general public; " in to operate the aforementioned roadways and intersection in a failing reasonably safe and suitable condition for use by the general public; " in to maintain the aforementioned roadways and intersection in a failing reasonably safe and suitable condition for use by the general public; 5 of 22 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1035 RECEIVEDINDEX NYSCEF: NO. 09/06/2022 611214/2015 . |FILED: SUFFOLK COUNTY CLERK 03/16/2017 02 : 20 PM| NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 03/16/2017 " in to repair the aforementioned roadways and intersection to ensure that failing they would be in a reasonably safe and suitable condition for use by the general public; " in to inspect the aforementioned roadways and intersection to ensure that failing they were in a reasonably safe and suitable condition for use by the general public; " in to design the aforementioned roadways and intersection such that failing they were in a reasonably safe and suitable condition for use by the general public; " in to install the aforementioned roadways and intersection in a failing reasonably safe and suitable condition for use by the general public; in failing to construct the aforementioned roadways and intersection in a reasonably safe and suitable condition for use by the general public; " in a and/or defective condition at the creating dangerous, hazardous, unsafe, aforementioned roadways and intersection; " in the aforementioned roadways and intersection to become in a allowing dangerous, hazardous, unsafe, and/or defective condition; " in to make repairs or take remedial measures despite the failing knowing aforementioned roadways and intersection were in a dangerous, hazardous, unsafe, and/or defective condition; " in to redesign the roadways and intersection despite the failing knowing aforementioned roadways and intersection were in a dangerous, hazardous, and/or defective condition; 6 of 22 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEFFILEDDOC. : NO. 1035 SUFFOLK COUNTY CLERK 03/16/2017 02:20 P1 RECEIVEDINDEX NYSCEF: NO. 09/06/2022 611214/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 03/16/2017 " in failing to make repairs or take remedial measures when it should have known the aforementioned roadways and intersection were in a dangerous, hazardous, unsafe, and/or defective condition; " in to redesign the roadways and intersection when it should have known failing the aforementioned roadways and intersection were in a dangerous, hazardous, unsafe, and/or defective condition; " in to respond to complaints the failing adequately regarding dangerous, hazardous, unsafe, and/or defective condition of the aforementioned roadways and intersection; " in to warn and/or caution motorists of the failing dangerous, hazardous, unsafe, and/or defective condition of the aforementioned roadways and intersection; " in to correct the and/or defective failing timely dangerous, hazardous, unsafe, condition of the subject roadways and intersection; " in to investigate the cause of prior accidents at or around the subject failing intersection; " in to make repairs or take remedial measures despite said prior accidents at failing or around the subject intersection; " in to redesign the aforementioned intersection despite said prior accidents failing at or around the subject intersection; " in to install appropriate signs at subject failing stop intersection; " in to create a at the subject failing four-way stop intersection; " in to designate appropriate speed limits at the subject roadways and failing intersection; 7 of 22 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF . |FILED DOC. : NO. 1035 SUFFOLK COUNTY CLERK 03/16/2017 02:20 RECEIVEDINDEX NYSCEF: NO. 09/06/2022 611214/2015 PM NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 03/16/2017 " in failing to clear obstructions at the subject roadways and intersection; " in to provide for proper at the subject roadways and intersection; failing visibility " in to and inspect the subject roadways and failing properly completely intersection for adequate and proper line of sight for vehicles traveling on the aforementioned roadways; " in to inspect for and obstructions near or around the failing remedy visibility aforementioned roadways and intersection; " in to install appropriate traffic lights at said intersection; failing " in to install proper signage at the failing intersection; " in to install traffic lights at said failing intersection; " in to install appropriate traffic control devices at the subject failing intersection; " in to repair and/or replace traffic control devices at the aforesaid failing intersection known to be faulty, dangerous, inadequate, unsafe and/or defective; " in to install and/or maintain safe and proper traffic light at the failing sequencing subject intersection, including turning arrows and signals, despite prior notice of a defective and/or dangerous traffic light sequencing/traffic pattern conditions at the intersection; " in to install proper traffic control devices at the aforesaid failing intersection, including but not limited to a fully operational three-phase traffic light with turning arrows rather than a flashing yellow light; " in to post and/or post traffic devices and/or failing properly signals, signage, including but not limited to No U-Turn signs, U-Turn limitation signs, turning 8 of 22 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. : NO. 1035 RECEIVEDINDEX NYSCEF: NO. 09/06/2022 611214/2015 F ILED SUFFOLK COUNTY CLERK 03/16/2017 02:20 PM) NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 03/16/2017 limitation signs, caution signs and/or other appropriate signs at the aforesaid intersection; " in to install speed restriction signs, traffic light warnings and/or other failing speed reduction devices on and along the roadways preceding to the aforementioned intersection; " in to post and enforce appropriate speed limits for vehicles on failing traveling County Route 48 in the vicinity of the subject intersection; " in to and inspect the aforesaid roadways for failing properly appropriately adequate and proper traffic control devices; " in to correct and repair or replace unsafe failing faulty, inadequate, dangerous, and/or defective and/or otherwise inoperable traffic control devices at the subject intersection; " in to install appropriate signage and failing roadway markings; " in to post and enforce appropriate speed limits for vehicles on the failing traveling aforementioned roadways in the vicinity of the subject intersection; " in to provide roadways and an intersection that was safe for vehicular failing travel; and " in New York State Department of Transportation codes and violating rules, standards. 6. Plaintiff, ALICIA M. ARUNDEL, sustained the following personal injuries: LEFT UPPEREXTREMITY: I SURGERY: On July 24, 2015 Plaintiff underwent the following procedure under general anesthesia performed by Edward Wang, MD at Stony Brook University Hospital: 9 of 22 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF INDEX NYSCEF: NO. . |FILEDDOC. : NO. 1035 SUFFOLK COUNTY CLERK 03/16/2017 02:20 P RECEIVED 09/06/2022 611214/2015 NYSCEF OC. NO. 71 RECEIVED NYSCEF: 03/16/2017 - Open reduction internal fixation of left distal humerus supracondylar and intercondylar comminuted fracture of the distal humerus with an olecranon osteotomy and an ulnar nerve anterior transposition. I Comminuted left distal humerus fracture with intraarticular extension and intraarticular comminution; I Olecranon ORIF with plate and screw fixation; I Ulnar nerve neurolysis; I Medial and lateral distal humeral plate and screw fixation; I 3 intraarticular fracture fragments and multiple metaphyseal fracture fragments; I Approximately 10 inch perrnanent conspicuous surgical scarring with screw protrusion; I Tender and painful keloidal scar; I Nelve damage; I Constant, chronic aching, burning, throbbing pain; I Left elbow deformity; I Severely limited strength; I Soft tissue swelling; I Elbow joint effusion; I Significant loss of range of motion; I Severely limited range of motion; I Numbness and tingling in lefthand; I Edema; I Joint stiffness; I Joint swelling; I Elbow deformity related to surgical hardware; 10 of 22 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. : NO. 1035 RECEIVEDINDEX NYSCEF: NO. 09/06/2022 611214/2015 FILED SUFFOLK COUNTY CLERK 03 /16 /2017 02 : 20 P1 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 03/16/2017 I Indicated for additional surgical procedure to address nerve issues by Dr. Wang; I Indicated for additional surgical procedure to remove painful hardware; FACE/HEAD: I PLASTIC SURGERY: On July 18, 2015 Plaintiff underwent the following procedures performed by Robert Jacobs, MD at Peconic Bay Medical Center: - repair Flap of the cheek; " Complex repair of the cheek, forehead and chin. I Multiple lacerations, abrasions. avulsions of the forehead, cheek and chin; I Lacerated chin requiring sutures; I Laceration to left cheek requiring sutures; I Concussion; LEFT HAND/FINGER: I Deep tissue laceration to middle finger exposing tendon and requiring sutures; PERMANENT SCARRING: I Permanent conspicuous scarring of the head, face, chin, lefthand, left middle finger, right leg, left leg, left elbow and am3; PSYCHOLOGICAL INJURIES: I Severe Post-traumatic stress disorder (PTSD); I Concussion; I Anxiety; I Anxiety attacks; I Panic Disorder; I Trembling; I Cold sweats; 11 of 22 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1035 RECEIVEDINDEX NYSCEF: NO. 611214/2015 09/06/2022 . FILED: SUFFOLK COUNTY CLERK 03/16/2017 02:20 PM1 NYSCEF OC. NO. 71 RECEIVED NYSCEF: 03/16/2017 I Facial twitching; I Blinking; I Intrusive memories; I Panic attacks; I Irritability; 1 Depression; I Decreased energy; I Vivid and disturbing dreams; I Dissociative states; I Decreased appetite; 1 Difficulty sleeping; I Difficulty falling asleep; I Grinding of teeth at night; I Frequent TMJ symptoms. OTHER INJURIES: I Difficulty with activities of daily living; I Difficulty carrying objects; I Difficulty self grooming; I Difficulty pushing objects; The forgoing injuries affected the general health of the Plaintiff. The foregoing injuries directly affected the bones, tendons, tissues, muscles, ligaments, nerves, blood vessels and soft tissues in and about the involved areas and sympathetic and radiating pains, from all of which the plaintiff suffers and may permanently suffer as a result of the accident and the injuries therein sustained. 12 of 22 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. : NO. 1035 RECEIVEDINDEX NYSCEF: NO. 611214/2015 09/06/2022 FILED SUFFOLK COUNTY CLERK 03/16/2017 02:20 PM| NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 03/16/2017 All of the ab