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 11/22/2022 11:08 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022
Exhibit “1”
FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK:
-------------------------------------------------X
SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE
ESTATE OF BRITTNEY M. SCHULMAN, DECEASED;
ALICIA M. ARUNDEL; OLGA LIPETS; MINDY GRABINA,
AS ADMINISTRATRIX OF THE ESTATE OF AMY
GRABINA, AND MINDY GRABINA, INDIVIDUALLY;
STEVEN BARUCH, AS ADMINISTRATOR OF THE Index No.: 611214/2015
ESTATE OF LAUREN BARUCH, DECEASED AND
STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE;
MELISSA A. CRAI, AND ARTHUR A. BELLI, JR.,
AS PARENT AND NATURAL GUARDIAN OF STEPHANIE
BELLI, DECEASED, AND AS THE ADMINISTRATOR OF
THE ESTATE OF STEPHANIE BELLI,
AFFIRMATION OF
Plaintiffs, GERARD CATANESE M.D.
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD AND COUNTY OF
SUFFOLK, CABOT COACH BUILDERS, INC., D/B/A
1-5"
ROYALE LIMOUSINE AND "XYZ COMPANIES
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,
Defendants.
-----------------------------------------------X
GERARD A. CATANESE, M.D., a pathologist duly licensed to practice medicine in the
State of New York, herby affirms the following under the penalties pursuant to CPLR 2106:
defendants'
1. This affirmation is submitted in opposition to the motions to dismiss the
complaint of the plaintiff, Brittney Schulman Estate's against the above captioned defendants as
1
FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022
a result of her wrongful death and conscious pain and suffering she received in a catastrophic
collision which occurred on July 18, 2015.
2. I am not a party to this action, and any opinions that I set forth in this affirmation
are to a reasonable degree of medical certainty.
3. I am double board certified in Anatomic and Clinical Pathology and Forensic
Pathology, and I am a fellow of the American Academy of Forensic Sciences.
4. I am licensed to practice medicine in the states of New York, New Jersey, and
Pennsylvania.
5. I received my Bachelor of Science degree in-Biology from St. John's University,
Queens, New York, in 1983, and my Doctor of Medicine degree from SUNY Health Center at
Brooklyn, New York, in 1987. From 1987-1989 I did a residency in Anatomic Pathology at
SUNY Health Science Center at Brooklyn, New York. From 1989 -1990, I did an internship in
Pediatrics at Winthrop University Hospital, Mineola, New York and from 1990-1992, as a chief
resident in Clinical Pathology at SUNY Health Center at Brooklyn, New York. From 1992-1993
I did my Fellowship in Forensic Pathology at the New York City Medical Examiners Office in
New York City, and I am a member of the American Academy of Forensic Sciences
6. I have been employed by New York City Medical Examiner's Office from July
1993 through September 1993, and from October 1993 to November 2015 as Deputy Medical
Examiner at the Nassau County Medical Examiner's Office, East Meadow, New York. From
January 2016 to October 2018, I was Deputy Chief Medical Examiner at the Suffolk County
Medical Examiner's New York. From April 2020 to 2022 I worked part-
Office, Hauppauge, July
2
FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022
time as a Medical Examiner at the Nassau County Medical Examiner's Office, East Meadow,
New York. I have conducted and presented numerous autopsy and case reports and presentations
throughout my career.
7. I have been retained by John L. Juliano, Esq. the attorney for the Estate of
Brittney Schulman to review and express my opinions to a reasonable degree of medical
certainty concerning among other things, the cause of death of Brittney Schulman, her conscious
pain and suffering, ifany, and any pre impact terror she may have experienced immediately prior
to the collision which took place on July 18, 2015.
8. I have reviewed the case record including the police report, the scene
photographs, the death certificate, the autopsy report and the deposition transcripts of Carlos
Pino and Steven Romeo relating to Brittney Schulman.
9. From the records and pleadings in this case I have been able to determine and
analyze the facts surrounding this fatal collision. Brittney Schulman was a 23-year-old female
who on July 18, 2015, at 5:11 p.m. was a passenger in a limousine involved in a two-vehicle
collision. She was pronounced dead on that day at 5:30 p.m. about 19 minutes after the accident.
Her cause of death was determined to be multiple blunt impact injuries.
10. The police report indicates that Brittney Schulman was a passenger in a limousine
which attempted to make a U-turn causing a pickup truck to collide with the passenger side of
the limousine in which she was seated.
11. An autopsy was performed by the Suffolk County Medical Examiner's Office.
The injuries that Brittney Schulman suffered were numerous and severe. The injuries included
3
FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022
fractures of her mandible, ribs, pelvis and left femur with contusions of her lungs and lacerations
of her liver and right kidney and a transection of her aorta.
12. From her injuries she bled 250 ml into each chest cavity and 200 ml into her
abdominal cavity. She was also noted to have aspirated blood into her lungs. Brittney had no
significant underlying natural disease. Her blood ethanol level was 0. 21%. Her cause of death
was determined to be multiple blunt impact injuries.
13. According to the deposition transcripts of Carlo Pino, the limousine driver, and
Steven Romeo, the pickup truck driver, after the accident each heard screaming and suffering
from inside the limousine.
14. The photographs of the accident scene show the truck after the impact with
the limousine intruding into the passenger side compartment of the limousine.
15. It should be noted that there were no significant head injuries written in the
autopsy report, therefore, there is no reason to conclude that Brittney Schulman was immediately
unconscious following the accident. I believe to a reasonable degree of medical and pathological
certainty that Brittney Schulman was alive after the accident occurred because she bled from her
Injuries including hemorrhage into her chest and abdominal cavities.
16. Based on the injuries described in the autopsy report, Brittney Schulman died
from hemorrhage. Brittney bled 700 ml of blood into her body cavities from her injuries.
Generally speaking, if one is dead and one's heart has stopped then one will no longer bleed from
one's injuries. Therefore, the finding of this amount of hemorrhage into Brittney Schulman's
body cavities indicates that she had a pulse and she survived for a period of time after the
4
FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022
accident occurred. The autopsy finding of aspirated blood into Brittney Schulman's lungs also
supports this conclusion because itindicates that she was breathing after the accident occurred.
17. The autopsy report describes a transected aorta. Brittney Schulman bled 700 ml of
blood into her body cavities from her injuries. The time ittakes to bleed 700 ml of blood from a
transected aorta is usually within 30 seconds after sustaining the injury.
18. The injuries that Brittney Schulman sustained were very severe and would have
been painful. I believe to a reasonable degree of medical and pathological certainty that during
the time following the accident Brittney Schulman experienced conscious pain and suffering
from her injuries as well as fear of impending death. It should also be noted that at one point
prior to the accident because of her position in the limousine looking out of the window over the
bar, Brittney Schulman would have become aware of the impending collision, and she would
have experienced pre-impact terror. Brittney Schulman's blood ethanol level taken at the autopsy
was 0.21%. At a blood alcohol level of 0.21% an individual would be impaired but depending on
their tolerance and experience with ethanol they would stillbe able to understand the severity of
the situation and feel pain.
19. Therefore, based on the above, itis my opinion within a reasonable degree of
medical certainty that Brittney Schulman died from the injuries she sustained in the accident. It is
also my opinion within a reasonable degree or medical certainty that she experienced up to 30
seconds of conscious pain and suffering from her injuries as well as pre-impact terror prior to the
collision as outline above.
Dated: Syosset, New York
5
FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022
November 1, 2022
Sworn to under the penalties of perjury
pursuant to CPLR 2106.
Gerard A. Catanese, M.D.
6
FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022
Gerard A Catanese MD
64 Muttontown I.astwoods Road
Syosset N Y I1791
(5 I6)364-0II5
04/06/22
John Juliano
Law Oluce of John Juliano
39 Doyle Court
East Northport N Y 1173I
Re Brittney Schulman
Dear Mr Juliano
At your request I have reviewed the case record the police report,
including
the scene photographs, the death certificate,the report and thedeposition
autopsy
transcripts of Carlos Pino and Steven Romeo to Brittney Schulman
relating
Brittney Schulman was a 23 year old female who on 07/l8/I5 at 5 I Ipm was a
passenger in a limousine involved in a two vehicle collision She was pronounced dead
that day at 5 30 pm about 19 minutes afterthe accident Her cause of death was
determined to be multiple blunt impact injuries
According to the policereport Brittney Schulman was a passenger in a taxi
(limousine) which attempted to make a U-turn causing a pickup truck to collidewith the
passenger side of the limousine in which Brittney Schulman was a passenger The
accident occurred on 07/18/15 at 5 11 pm.
An autopsy was performed by the Suffolk County Medical Examiner's Office
The injuries thatBrittney Schulman suffered were numerous and severe.These injuries
included fractures of her mandible, ribs,pelvis and leftfemur with contusions of her
lungs and lacerationsof her liver and right kidney and a transaction of her aorta.From
her injuries she bled 250 mi into each chest cavity and 200 ml into her abdominal cavity
She was also noted to have aspirated blood into her lungs. She had no significant
underlying natural disease. Her blood ethanol levelwas 0 21% Her cause of death was
determined to be multiple blunt impact injuries
According to the deposition transcriptof Carlos Pino (the limousine driver) after
the accident he heard screaming and suffering.
to the deposition transcript of Steven Romeo (the pickup truck driver)
According
afterthe accident he heard screaming in the limousine
photographs of the accident scene show the truck afterthe impact with
The
into the passenger side compartment of the limousine.
the limousine intruding
FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022
Itshould be noted that there are no were significant head injunes described in the
autopsy repon therefore there isno reason to conclude that Schulman was
Buttney
immediately unconsemus following the accident We know that she was ahve after the
accident occurred because she bled from her injunes hemonhage into her
including chest
and abdominal cav ines Based on the injuries desenbed in theautopsy report
Bnttney Schulman died from hemorrhage Schulman bled 700 ml of blood into
Bnttney
her body cavitiesfmm her injunes Generally speaking ifone isdead and ones heart has
stopped then one wdl no longer bleed trom ones injuries So the of
finding thisamount of
hemonhage into Bnttney 5thulman's cavitiesindicates that she had a pulse and
body she
survived for a penod of time afterthe accident occurred The of
autopsy finding aspirated
blood in Brittney Schulman's lungs also suppons thisconclusion because indicates
it that
she was breathing after the accident occurred
The autopsy reportdesenbes a transected aorta Schulman bled 700 mi of
Brittney
blood intoher body cavines from her injuries The time ittakes to bleed 700 ml of blood
from a transected aorta is within 30 seconds after the
usually sustaimng injury
The injuriesthat Brittney Schulman sustained were very severe and they would
have been painful Dunng the time following the accident Brittney Schulman would have
experienced conscious pain and sutTenng from her injuriesas well as fearof impending
death Itshould also be noted that atsome point pnor to the accident Brittney Schulman
would have become aware of the impending accident and she would have expenenced
pre-impact terror Bnttney Schulman blood ethanol leveltaken at theautopsy was 0 21°o
At a blood alcohol level of 0 21% an individual would be impaired but depending on
their tolerance and experience with ethanol they would able
still to understand the
severity of the situation and feelpain
Therefore based on the above information itis my opinion within a reasonable
degree of medical thatcertainty that Brittney Schulman died from the injunes she
sustained in the accident Itis also opinion within a reasonable degree of medical
my
that she experienced up to 30 seconds of conscious pain and sutTering from her
certainty
injuries as well as pre-impact terrorprior to the accident as outline above
el
Gerard A Catanese MD
reserve the right to amend opinion ifand when new information becomes
I my
available
FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022
FMPL OY MENT:
7/93-9/93 City Medical Examince
New York medical examincr's Offre -
City
520 First Avenue, New York, N. Y. 10016
10/93- 11/15 Deputy Medical Examiner
Nassau County Medical exammc‘s OITice
2251 Hempstead Turnpike, East Meadow, N.Y. 11554
01/16- 10/18 Chief Medical Examiner
Deputy
Suffolk County Medical Examiner's Office
725 ½terans Memorial Higluvay
Hauppauge, N- Y 11783
04/09/20- present Part Time Medical Examiner
Nassau County Medical Examiners Offim
2251 Hempstead Turnpike, East Meadow, N.Y- 11554
LICENSE. New York $175689
New Jersey #62283
Pennsylvania #MD-069699-L
Board Certified: Anatomic and Clinical Pathology (11105/92)
. Forensic Pat1tology (5/31/94)
PROFESSIONAL SOCIET1ES: American Academy of ForensicSciences
Preview
FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022 Exhibit “1” FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK: -------------------------------------------------X SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED; ALICIA M. ARUNDEL; OLGA LIPETS; MINDY GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE Index No.: 611214/2015 ESTATE OF LAUREN BARUCH, DECEASED AND STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. CRAI, AND ARTHUR A. BELLI, JR., AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE ESTATE OF STEPHANIE BELLI, AFFIRMATION OF Plaintiffs, GERARD CATANESE M.D. -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD AND COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., D/B/A 1-5" ROYALE LIMOUSINE AND "XYZ COMPANIES 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, Defendants. -----------------------------------------------X GERARD A. CATANESE, M.D., a pathologist duly licensed to practice medicine in the State of New York, herby affirms the following under the penalties pursuant to CPLR 2106: defendants' 1. This affirmation is submitted in opposition to the motions to dismiss the complaint of the plaintiff, Brittney Schulman Estate's against the above captioned defendants as 1 FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022 a result of her wrongful death and conscious pain and suffering she received in a catastrophic collision which occurred on July 18, 2015. 2. I am not a party to this action, and any opinions that I set forth in this affirmation are to a reasonable degree of medical certainty. 3. I am double board certified in Anatomic and Clinical Pathology and Forensic Pathology, and I am a fellow of the American Academy of Forensic Sciences. 4. I am licensed to practice medicine in the states of New York, New Jersey, and Pennsylvania. 5. I received my Bachelor of Science degree in-Biology from St. John's University, Queens, New York, in 1983, and my Doctor of Medicine degree from SUNY Health Center at Brooklyn, New York, in 1987. From 1987-1989 I did a residency in Anatomic Pathology at SUNY Health Science Center at Brooklyn, New York. From 1989 -1990, I did an internship in Pediatrics at Winthrop University Hospital, Mineola, New York and from 1990-1992, as a chief resident in Clinical Pathology at SUNY Health Center at Brooklyn, New York. From 1992-1993 I did my Fellowship in Forensic Pathology at the New York City Medical Examiners Office in New York City, and I am a member of the American Academy of Forensic Sciences 6. I have been employed by New York City Medical Examiner's Office from July 1993 through September 1993, and from October 1993 to November 2015 as Deputy Medical Examiner at the Nassau County Medical Examiner's Office, East Meadow, New York. From January 2016 to October 2018, I was Deputy Chief Medical Examiner at the Suffolk County Medical Examiner's New York. From April 2020 to 2022 I worked part- Office, Hauppauge, July 2 FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022 time as a Medical Examiner at the Nassau County Medical Examiner's Office, East Meadow, New York. I have conducted and presented numerous autopsy and case reports and presentations throughout my career. 7. I have been retained by John L. Juliano, Esq. the attorney for the Estate of Brittney Schulman to review and express my opinions to a reasonable degree of medical certainty concerning among other things, the cause of death of Brittney Schulman, her conscious pain and suffering, ifany, and any pre impact terror she may have experienced immediately prior to the collision which took place on July 18, 2015. 8. I have reviewed the case record including the police report, the scene photographs, the death certificate, the autopsy report and the deposition transcripts of Carlos Pino and Steven Romeo relating to Brittney Schulman. 9. From the records and pleadings in this case I have been able to determine and analyze the facts surrounding this fatal collision. Brittney Schulman was a 23-year-old female who on July 18, 2015, at 5:11 p.m. was a passenger in a limousine involved in a two-vehicle collision. She was pronounced dead on that day at 5:30 p.m. about 19 minutes after the accident. Her cause of death was determined to be multiple blunt impact injuries. 10. The police report indicates that Brittney Schulman was a passenger in a limousine which attempted to make a U-turn causing a pickup truck to collide with the passenger side of the limousine in which she was seated. 11. An autopsy was performed by the Suffolk County Medical Examiner's Office. The injuries that Brittney Schulman suffered were numerous and severe. The injuries included 3 FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022 fractures of her mandible, ribs, pelvis and left femur with contusions of her lungs and lacerations of her liver and right kidney and a transection of her aorta. 12. From her injuries she bled 250 ml into each chest cavity and 200 ml into her abdominal cavity. She was also noted to have aspirated blood into her lungs. Brittney had no significant underlying natural disease. Her blood ethanol level was 0. 21%. Her cause of death was determined to be multiple blunt impact injuries. 13. According to the deposition transcripts of Carlo Pino, the limousine driver, and Steven Romeo, the pickup truck driver, after the accident each heard screaming and suffering from inside the limousine. 14. The photographs of the accident scene show the truck after the impact with the limousine intruding into the passenger side compartment of the limousine. 15. It should be noted that there were no significant head injuries written in the autopsy report, therefore, there is no reason to conclude that Brittney Schulman was immediately unconscious following the accident. I believe to a reasonable degree of medical and pathological certainty that Brittney Schulman was alive after the accident occurred because she bled from her Injuries including hemorrhage into her chest and abdominal cavities. 16. Based on the injuries described in the autopsy report, Brittney Schulman died from hemorrhage. Brittney bled 700 ml of blood into her body cavities from her injuries. Generally speaking, if one is dead and one's heart has stopped then one will no longer bleed from one's injuries. Therefore, the finding of this amount of hemorrhage into Brittney Schulman's body cavities indicates that she had a pulse and she survived for a period of time after the 4 FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022 accident occurred. The autopsy finding of aspirated blood into Brittney Schulman's lungs also supports this conclusion because itindicates that she was breathing after the accident occurred. 17. The autopsy report describes a transected aorta. Brittney Schulman bled 700 ml of blood into her body cavities from her injuries. The time ittakes to bleed 700 ml of blood from a transected aorta is usually within 30 seconds after sustaining the injury. 18. The injuries that Brittney Schulman sustained were very severe and would have been painful. I believe to a reasonable degree of medical and pathological certainty that during the time following the accident Brittney Schulman experienced conscious pain and suffering from her injuries as well as fear of impending death. It should also be noted that at one point prior to the accident because of her position in the limousine looking out of the window over the bar, Brittney Schulman would have become aware of the impending collision, and she would have experienced pre-impact terror. Brittney Schulman's blood ethanol level taken at the autopsy was 0.21%. At a blood alcohol level of 0.21% an individual would be impaired but depending on their tolerance and experience with ethanol they would stillbe able to understand the severity of the situation and feel pain. 19. Therefore, based on the above, itis my opinion within a reasonable degree of medical certainty that Brittney Schulman died from the injuries she sustained in the accident. It is also my opinion within a reasonable degree or medical certainty that she experienced up to 30 seconds of conscious pain and suffering from her injuries as well as pre-impact terror prior to the collision as outline above. Dated: Syosset, New York 5 FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022 November 1, 2022 Sworn to under the penalties of perjury pursuant to CPLR 2106. Gerard A. Catanese, M.D. 6 FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022 Gerard A Catanese MD 64 Muttontown I.astwoods Road Syosset N Y I1791 (5 I6)364-0II5 04/06/22 John Juliano Law Oluce of John Juliano 39 Doyle Court East Northport N Y 1173I Re Brittney Schulman Dear Mr Juliano At your request I have reviewed the case record the police report, including the scene photographs, the death certificate,the report and thedeposition autopsy transcripts of Carlos Pino and Steven Romeo to Brittney Schulman relating Brittney Schulman was a 23 year old female who on 07/l8/I5 at 5 I Ipm was a passenger in a limousine involved in a two vehicle collision She was pronounced dead that day at 5 30 pm about 19 minutes afterthe accident Her cause of death was determined to be multiple blunt impact injuries According to the policereport Brittney Schulman was a passenger in a taxi (limousine) which attempted to make a U-turn causing a pickup truck to collidewith the passenger side of the limousine in which Brittney Schulman was a passenger The accident occurred on 07/18/15 at 5 11 pm. An autopsy was performed by the Suffolk County Medical Examiner's Office The injuries thatBrittney Schulman suffered were numerous and severe.These injuries included fractures of her mandible, ribs,pelvis and leftfemur with contusions of her lungs and lacerationsof her liver and right kidney and a transaction of her aorta.From her injuries she bled 250 mi into each chest cavity and 200 ml into her abdominal cavity She was also noted to have aspirated blood into her lungs. She had no significant underlying natural disease. Her blood ethanol levelwas 0 21% Her cause of death was determined to be multiple blunt impact injuries According to the deposition transcriptof Carlos Pino (the limousine driver) after the accident he heard screaming and suffering. to the deposition transcript of Steven Romeo (the pickup truck driver) According afterthe accident he heard screaming in the limousine photographs of the accident scene show the truck afterthe impact with The into the passenger side compartment of the limousine. the limousine intruding FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022 Itshould be noted that there are no were significant head injunes described in the autopsy repon therefore there isno reason to conclude that Schulman was Buttney immediately unconsemus following the accident We know that she was ahve after the accident occurred because she bled from her injunes hemonhage into her including chest and abdominal cav ines Based on the injuries desenbed in theautopsy report Bnttney Schulman died from hemorrhage Schulman bled 700 ml of blood into Bnttney her body cavitiesfmm her injunes Generally speaking ifone isdead and ones heart has stopped then one wdl no longer bleed trom ones injuries So the of finding thisamount of hemonhage into Bnttney 5thulman's cavitiesindicates that she had a pulse and body she survived for a penod of time afterthe accident occurred The of autopsy finding aspirated blood in Brittney Schulman's lungs also suppons thisconclusion because indicates it that she was breathing after the accident occurred The autopsy reportdesenbes a transected aorta Schulman bled 700 mi of Brittney blood intoher body cavines from her injuries The time ittakes to bleed 700 ml of blood from a transected aorta is within 30 seconds after the usually sustaimng injury The injuriesthat Brittney Schulman sustained were very severe and they would have been painful Dunng the time following the accident Brittney Schulman would have experienced conscious pain and sutTenng from her injuriesas well as fearof impending death Itshould also be noted that atsome point pnor to the accident Brittney Schulman would have become aware of the impending accident and she would have expenenced pre-impact terror Bnttney Schulman blood ethanol leveltaken at theautopsy was 0 21°o At a blood alcohol level of 0 21% an individual would be impaired but depending on their tolerance and experience with ethanol they would able still to understand the severity of the situation and feelpain Therefore based on the above information itis my opinion within a reasonable degree of medical thatcertainty that Brittney Schulman died from the injunes she sustained in the accident Itis also opinion within a reasonable degree of medical my that she experienced up to 30 seconds of conscious pain and sutTering from her certainty injuries as well as pre-impact terrorprior to the accident as outline above el Gerard A Catanese MD reserve the right to amend opinion ifand when new information becomes I my available FILED: SUFFOLK COUNTY CLERK 11/22/2022 11:08 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1144 RECEIVED NYSCEF: 11/22/2022 FMPL OY MENT: 7/93-9/93 City Medical Examince New York medical examincr's Offre - City 520 First Avenue, New York, N. Y. 10016 10/93- 11/15 Deputy Medical Examiner Nassau County Medical exammc‘s OITice 2251 Hempstead Turnpike, East Meadow, N.Y. 11554 01/16- 10/18 Chief Medical Examiner Deputy Suffolk County Medical Examiner's Office 725 ½terans Memorial Higluvay Hauppauge, N- Y 11783 04/09/20- present Part Time Medical Examiner Nassau County Medical Examiners Offim 2251 Hempstead Turnpike, East Meadow, N.Y- 11554 LICENSE. New York $175689 New Jersey #62283 Pennsylvania #MD-069699-L Board Certified: Anatomic and Clinical Pathology (11105/92) . Forensic Pat1tology (5/31/94) PROFESSIONAL SOCIET1ES: American Academy of ForensicSciences