On October 21, 2015 a
Exhibit,Appendix
was filed
involving a dispute between
Alicia M Arundel,
Arthur A Belli Jr
As Parent And Natural Guardian Of Stephanie Belli, Deceased, And As The Administrator Of The E O Stephanie Belli,
Joelle Dimonte,
Melissa A Crai,
Mindy Grabina
A O E Amy Grabina, And Mindy Grabina, Individually,,
Olga Lipets,
Steven Baruch
A O E Lauren Baruch, Deceased, And Steven Baruch, Individually,,
Suzanne Schulman
As Administratrix Of The Estate Of Brittney M. Schulman, Deceased,
and
Cabot Coach Builders, Inc D B A Royale Limousine,
Carlos F Pino,
County Of Suffolk,
Romeo Dimon Marine Service, Inc.,
Steven D Romeo,
Town Of Southold,
Ultimate Class Limousine, Inc.,
Xyz Companies 1-5
Name Being Fictitious But Intended To Be The Remanufacturers, Distributors, And Or Sellers Of The 2007 Lincoln Town Car Stretch Limousine Involved In The Collision,,
for Tort
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 11/18/2022 05:18 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1110 RECEIVED NYSCEF: 11/18/2022
EXHIBIT A
FILED: SUFFOLK COUNTY CLERK 11/18/2022 05:18 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1110 RECEIVED NYSCEF: 11/18/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
______________________________________________________________________Ç
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS
ADMINISTRATRIX OF THE ESTATE OF BRITTANY
M. SCHULMAN, DECEASED; OLGA LIPETS; MINDY Index No. 611214/2015
GRABINA, AS ADMINISTRATRIX OF THE ESTATE
OF AMY GRABINA AND MINDY GRABINA
INDIVIDUALLY; STEVEN BARUCH, AS PLAINTIFF STEVEN
ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH, ADMINISTRATOR
BARUCH, DECEASED, AND STEVEN BARUCH OF THE ESTATE OF
INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. LAUREN BARUCH (DEC'D)
CRAI; AND ARTHUR A. BELLI, JR. AS PARENT AND
NATURAL GUARDIAN OF STEPHANIE BELLI, AFFIRMATION OF DR.
DECEASED, AND AS THE ADMINISTRATOR OF THE GERARD A. CATANESE, M.D.
ESTATE OF STEPHANIE BELLI,
Plaintiffs,
-against-
ULTIMTE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC, STEVEN D.
ROMEO, TOWN OF SOUTHOLD, COUNTY OF
SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a
ROYALE LIMOUSINE and "XYZ COMPANIES 1-
5"name being fictitious but intended to be the
remanufacturers, distributers and/or sellers of the 2007
Lincoln Town Car stretch limousine involved in the
collision,
Defendants.
______________________________________________________________________Ç
Dr. Gerard A. Catanese, M.D. a physician duly licensed to practice medicine in the State
of New York affirms the truth of the following, under the penalties of perjury:
1. I am a physician licensed to practice medicine in the State of New York and I am
double board certified in the field of anatomic and clinical pathology and forensic pathology, and
I maintain an office for the practice of medicine at 64 Muttontown Eastwoods Road, Syosset,
New York 11791.
1
FILED: SUFFOLK COUNTY CLERK 11/18/2022 05:18 PM INDEX NO. 611214/2015
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2. I am licensed to practice medicine in the State of New York, New Jersey and
Pennsylvania. I attended St. John's University, Queens New York from September 1979 through
May 1983, obtaining a B.S. in Biology. I attended SUNY Health Science Center at Brooklyn,
New York from September 1983 through May 1987 and obtained a Doctor of Medicine. My
residency in Anatomic Pathology was at SUNY Health Science Center at Brooklyn from July
1987 through June 1989; and in Clinical Pathology from July 1990 through June 1992. I also
did an internship in pediatrics at Winthrop University Hospital from July 1989 through June
1990.
3. My fellowship in forensic pathology was completed at New York City Medical
Examiner's office from July 1992 through June of 1993.
4. I was employed as a Medical Examiner in the New York City Medical
Examiner's Office from July 1993 through September of 1993; as a Deputy Medical Examiner in
the Nassau County Medical Examiner's Office from October 1993 through November of 2015;
as a Deputy Chief Medical Examiner in Suffolk County Medical Examiner's Office from
January of 2016 through October of 2018 and a part time Medical Examiner in Nassau County
Medical Examiner's Office from April of 2020 through July of 2022.
5. I am licensed in New York (#175689), New Jersey (#62283) and Pennsylvania
(#MD-069699-L). I am Board Certified in Anatomic and Clinical Pathology (11/5/92) and in
Forensic Pathology (5/31/94) and am a member of the American Academy of Forensic Sciences.
I have been qualified as an expert in New York State Courts.
6. I was retained by counsel for Plaintiffs, STEVEN BARUCH as Administrator of
the Estate of LAUREN BARUCH, and STEVEN BARUCH, individually, to review various
records relating to the death of Lauren Baruch (decedent) and to render an opinion on whether
2
FILED: SUFFOLK COUNTY CLERK 11/18/2022 05:18 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1110 RECEIVED NYSCEF: 11/18/2022
Lauren Baruch experienced any conscious pain and suffering and pre-impact terror prior to her
death as a result of the accident of July 18, 2015.
7. My opinion, set forth in this affirmation, is made within a reasonable degree of
medical certainty and has been derived from my examination of the entire case records including
the police report, the scene photographs, death certificate, the autopsy report, depositions
including segments of the deposition transcripts of Carlos Pino and Steven Romeo relating to
Lauren Baruch, along with my background education, knowledge, training and experience.
8. LAUREN BARUCH was a 24-year-old female who, on July 18, 2015 at 5:11 pm,
was a passenger in a limousine that was involved in a two vehicle collision.
9. LAUREN BARUCH was pronounced dead that day at 5:31 pm about 20 minutes
after the accident. Her cause of death was determined to be multiple blunt impact injuries.
10. According to the police report and medical examiners investigation, LAUREN
BARUCH was a passenger in a taxi/limousine which attempted to make a U-turn causing a
pickup truck to collide with the passenger side of the limousine in which LAUREN BARUCH
was a passenger. LAUREN was seated in the front of the rear passenger compartment of the
limousine behind the front passenger side seat. The accident occurred on July 18, 2015 at 5:11
p.m.
11. An autopsy was performed by the Suffolk County Medical Examiner's Office.
The injuries that LAUREN BARUCH suffered were numerous and severe. These injuries
included a ponto-medullary junction transaction in her brain, hemorrhage around her brain, an
atlanto-occipital dislocation of her neck, injuries to her aorta, spleen, liver and kidneys, and
fractures of her ribs, pelvis and left leg.
3
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NYSCEF DOC. NO. 1110 RECEIVED NYSCEF: 11/18/2022
12. According to the deposition transcript of Carlos Pino (the limousine driver), after
the accident he heard screaming and suffering.
13. According to the deposition transcript of Steven Romeo (the pickup truck driver)
after the accident he heard screaming in the limousine.
14. The photographs of the accident scene, which I reviewed, show the truck after the
impact with the limousine, intruding into the passenger side compartment of the limousine.
15. Based on the above information LAUREN BARUCH was seated in such a way
that she would have observed the accident as itunfolded and during this time she would have
experienced pre-impact terror and fear of impending death.
16. According to the deposition transcript of Steven Romeo (the pickup driver), he
observed the limousine perpendicular to westbound lanes of County Road 48 for seconds (not
sure if more or less than 6 seconds) prior to the front of his pickup impacting the passenger side
of the limousine.
17. After a review of the file, photographs and deposition transcripts, LAUREN
BARUCH was seated in the front o'fthe rear passenger compartment of the limousine behind the
front passenger side seat in the u-turning, limo facing the passenger side window and would have
observed the impending impact by the Romeo pickup truck for the same amount of time
defendant Steve Romeo observed the limousine perpendicular to the westbound lanes.
18. Based on the above information it is my opinion within a reasonable degree of
medical certainty that LAUREN BARUCH experienced pre-impact terror prior to the accident.
19. Many of the injuries to her torso and extremities would have occurred at the initial
impact with the truck.
4
FILED: SUFFOLK COUNTY CLERK 11/18/2022 05:18 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1110 RECEIVED NYSCEF: 11/18/2022
20. However, LAUREN'S head and neck injuries, the type of which are usually
caused by a head impact with a hyperextension of one's neck, would have occurred after the
initial impact with the truck as she was being propelled in the direction of the impacting vehicle.
21. During the time following the initial impact, and during the accident, LAUREN
BARUCH would have experienced conscious pain and suffering from her initial injuries, and,
notwithstanding the her blood alcohol level taken at the time of the autopsy, LAUREN
BARUCH still would have been able to understand the severity of the situation and feel pain.
22. Based on my review of the entire case records, including the police report, scene
photographs, death certificate, autopsy report, depositions, together with my background
education, knowledge, training and experience, it is my opinion within a reasonable degree of
medical certainty that LAUREN BARUCH was conscious and aware of her pain from her initial
injuries following the initial impact and during the accident.
23. The head and neck injuries described in the autopsy report are rather severe and it
is unlikely that after receiving them that she would have experienced any further conscious pain
and suffering from her injuries.
24. Based on the above information it is my opinion within a reasonable degree of
medical certainty that LAUREN BARUCH experienced approximately six (6) to seven (7)
seconds of pre-impact terror and conscious pain and suffering from the accident on July 18,
2015.
25. Therefore, based on the above information, itis his opinion within a reasonable
degree of medical certainty that LAUREN BARUCH died from the injuries she sustained in the
accident of July 18, 2015.
5
FILED: SUFFOLK COUNTY CLERK 11/18/2022 05:18 PM INDEX NO. 611214/2015
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.
medical certainty that
26 within a reasonable degree of
It is also my opinion,
of her initial injuries
and at the time
1 AURliN BARUCH experienced conscious pain sulTering
as well as pre-impact terror to the accident as outlined above.
Dated: November , 2022
Gerard A. Catanese, MD
FILED: SUFFOLK COUNTY CLERK 11/18/2022 05:18 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1110 RECEIVED NYSCEF: 11/18/2022
CURRICULUM VITAE
Gerard A Catanese MD
Home Address 64 Muttontown Eastwoods Road
N
Sy ossci Y I I791
Home Telephone 516-921-6820
Honic Office 516-364-01Is
Date ofBirth I1/01/60
EDUCATION.
9/79-5/83 St. Johns University.
Queens. N Y
B. S. Biology
9/83-5/87 SUNY HealthScience Center at Brooklyn. N Y
Doctor ofMedicine
RESIDENCY:
7/87-6/89 Anatomic Pathology
SUNY HealthScience Center at Brooklyn
450 Clarkson As enue.Brookly n, N Y I1203
7/89-6/90 Pediatnc Intern
Winthrop UniversityHospital
260 First Mincola.
Street. N Y I1501
7/90-6/92 ClinicalPathology
SUNY HealthScience Center at Brooklyn
450 Clarkson Avenue. Brooklyn, N. Y.I1203
FELLOWSHIP:
7/92-6/93 ForensicPathology
New York Citymedical examincr's OfRec
520 FirstAvenue. New York.N Y. 10016
FILED: SUFFOLK COUNTY CLERK 11/18/2022 05:18 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1110 RECEIVED NYSCEF: 11/18/2022
EMPLOYMENT
7/93-9/9 Cih Medical Examiner
examincr'
New York Citymedical s Office
520 FirstAvenue. New York.N. Y. 10016
10/93- I I/15 Medical Examiner
Depun
Nassau Coung Medical examiner's OlTice
2251 Hempstead Turnpike. East Meadow. N Y I1554
01/16- 10/l8 Deputy Chief Medical Examiner
SuffolkCotmty Medical Examiner'sOffice
725 VeteransMemorial Highway
Hauppauge, N.Y. 11788
04/20- 07/22 Part TimeMedical Examiner
Nassau County Medical Examiner's Office
2251 Hempstead Tumpike. East Meadow. N Y 11554
LICENSE: New York //I75689
New Jersey tl62283
Pennsylvania //MD4)69699-L
Board Certified Anatomic and ClinicalPathology (11/05/92)
Forensic Pathology(5/31/94)
PROFESSIONAL SOCIETIES American Academy of Forensic Sciences