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  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, 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, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, 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, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, 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, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, 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, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, 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, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, 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, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, 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, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, 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, Tort document preview
						
                                

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FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1167 RECEIVED NYSCEF: 11/28/2022 "3" Exhibit FILED: _____ - - SUFFOLK __- -__- COUNTY____--CLERK __...--- 11/28/2022 ____ _ .. 05:31 __ PM INDEX NO. 611214/2015 _-, -_, __, NYSCEF NYSCEF DOC. NO. DOC. NO.1080 1167 RECEIVED RECEIVED NYSCEF: 10/31/2022 NYSCEF: 11/28/2022 SUPREME COURT O! THE STATE OF NEW YORK COUNTY OF SUFFOLK ..----...---------------.. --- ---___... -------....-------- X index Nox M IN13 SUZANNE SCHULMAN as Administmtr Fibe E3tne of BRITTNEY M. SCHULMAN, deceased. ALKM M. ARlfNDEL: OLGA LIPETS; MINDY GRABINA. as Administratrix of the Estate of AMY GRABINA and MINDY GRABINA, Individually STEVEN BARUCH. as Administrator of the Emate of LAUREN BARUCII deceased and STJE BARUCH, Individually; JOELLE DIMONTE; MELESSA A, CRAl, and ARTHUR A. BELLl, JR, as Parent and Naimal Guardian of STEPHANiE BELLl, deceased, and as thè Administer of the ESTATE OF STEPHAN1E BEL11 AFFIRMATION OF DR. GERARD A. CATANESE. MD Plaimins.. sIainst- ULTIMATE CLASS thvOUSINE, INC., GRLOS PING ROMEO DIMON MARINE SERVICE, INL STCVFN ROMEO, TOWN OF SOUTHOLD AND COUNTY OF SUFFOI K, CABOT COACH BUILDERS INC.. dfb a I-5" ROYALE LIMOUSINE and "XYZ COMPAN!i-S name being fictitious but intended to be the rem;mufacturers. distributors, and or sellen oùhe 2N7 Lincoln Town Car stretch limousme involved in the collision of New York aft ems the truth of the foliawing. under the penahics of perjury: . dM 3 phy$ CÏ3U liCCBSCd (O prüClite mediC)e in the SMe Of NOW YO1 dNble beard CUEtifiedin dic fieldOf anatemic afid e¤idC idlO!Ogy 3nd iOreBSÏC paU1elo y and HH' maintai an OffiCC Gle prilCliCC Of nledicine at Ü MullOn(OWG E-a5tWOOd5 Rd, SyCSSct. NY 11791. 9 of 18 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF NYSCEF DOC. DOC. NO. NO.1080 1167 RECEIVEDRECEIVED NYSCEF: 10/31/2022 NYSCEF: 11/28/2022 2 I am licensed to practice medicine in the State of New York. New Jersey and Pennsylvania. I attended St. John's University. Queens, N.Y. from 9 79 -5 83. obtaining a B. S. in Biology. I attended SUNY Health Science Center at Brooklyn. N Y. from 9 83 5 87 and obtained a Doctor of Medicine. My residency in Anatomic Pathology, was at SUNY Health Science Center at Brooklyn from 7 87-6 89, I was a Pediatric intern at Winthrop University Hospital from 7 89 6 90, and Clinical Pathology at SUNY Health Science Center from 7 92 - 6-92. 3. My Fellowship in Forensic Pathology was completed at New York City Medical Examiner's Office from 7 92 - 6/93. 4. I was employed as a Medical Examiner in the New York City Medical Examiner's Office from 7 93 -9 93, as a Deputy Medical Examiner Nassau County Medical Examiner's Office from I0 93 - 1I I5, as a Chief Medical Examiner Suffolk Medical Deputy County Examiner's Office from 01 16 - 10 18 and a Part Time Medical Examiner Nassau County Medical Examiner's Office from 04'09 20 - 07/22. 5. I am licensed in New York (#175689), New #62283 and Pennsylvania # MD- Jersey 069699-L. I am Board Certified in Anatomic and Clinical Pathology (1I/05/92) 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,Mindy Grabina as Administratrix of the Estate of AMY GRABINA, and MINDY GRABINA, individually to review various records relating to the death of Amy Grabina (decedent) and render an opinion on whether Amy Grabina experienced any conscious pain and suffering and pre-impact terror prior to her death and as a result of the accident of July 18, 2015. 10 of 18 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF NYSCEF DOC.NO. DQC. NO.1080 1167 RECEIVED RECEIVED NYSCEF: 10/31/2022 NYSCEF: 11/28/2022 My opimon. set forth in this herein aftinnation. 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, the death certificate, the autopsy report, depositions including segments of the deposition transcripts of Carlos Pino and Steven Romeo relating to Amy Grabina, along with my background education, knowledge, training and experience. 8. Amy Grabina was a 23 year old female who, on 7/18/2015 at 5:11 pm, was a passenger in a limousine involved in a two vehicle collision. 9. Amy Grabina was pronounced dead on 7 18/2015 at 5:45 pm, about 34 minutes after the motor vehicle accident. Her cause of death was determined to be multiple blunt impact injuries. 10. According to the police report,on 7 I8 2015 at 5:1 1 pm, Amy Grabina 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 Amy Grabina was a passenger. The accident occurred on 7/18/2015 at 5:1 1 pm. 1 1. An autopsy was performed by the Suffolk County Medical Examiner's Office. The injuries that Amy Grabina suffered were numerous and severe. These injuries included fractures of her skull, neck, ribs, pelvis and right leg, and injuries to her heart, aorta, liver, and spleen. Amy Grabina's cause of death was detennined to be multiple blunt impact injuries. 12. According to the deposition transcript of Carlos Pino (the limousine driver) alter the accident he heard screaming and suffering. 13. According to the deposition transcript of Steven Romeo (the pickup truck driver) afterthe 11 of 18 FILED: -----. SUFFOLK-------COUNTY .-------- -----. CLERK-- 11/28/2022 --,--- - - . --05:31 _...., PM INDEX NO. 611214/2015 NYSCEF NYSCEF DOC. DOC.NO.NO.1080 1167 RECEIVED RECEIVED NYSCEF: 10/31/2022 NYSCEF: 11/28/2022 . . accident he heard screaming in the limousine I4. The photographs of the accident scene, which I reviewed, show the truck atter the impact with the limousine. intruding into the passenger side compartment of the limousine 15. The photographs also show Amy Grabina sitting in the limousine with the front of the truck inside of the limousine and inclose proximity to her. I6. Based on the above information including the injuries described in the autopsy report and the accident photographs, Amy Grabina was seated in such a way that she would have observed the accident as itunfolded and this time she would have experienced pre- during impact terror and fear of impending death. 17. According to the deposition transcript of Romeo, (the pickup truck driver) he observed the limousine perpendicular to westbound lanes of County Road 48 for seconds (not sure ifmore or less than 6 seconds) prior to the frontof his pickup impacting the passenger side of the limousine. I8. After a review of the file,photographs and deposition transcripts, Amy Grabina was seated on the bench seat in the u-turning limo facing the passenger side window and would have observed the impending impact by ROMEO'S pickup truck for the same amount of time Romeo observed the limousine perpendicular to the westbound lanes. 19. Based on the above information itis my opinion within a reasonable degree of medical certainty that Amy Grabina experienced pre-impact terror prior to the accident. 20. Many of the injuries to her torso and extremities would have occurred at the initialimpact with the truck. 21. Her head and neck injuries, the type of which are usually caused by a head impact with a hyperextension of ones neck would have occurred after the initialimpact with the truck 12 of 18 FILED: ___. . SUFFOLK __.- - -COUNTY ---- - ---__-CLERK 11/28/2022 ---- - - . --05:31 PM INDEX NO. 611214/2015 --, __, __, NYSCEF NYSCEF DOC.NO. DOC. NO.1080 1167 RECEIVED RECEIVED NYSCEF: 10/31/2022 NYSCEF: 11/28/2022 and as she was bemg propelled in the direction of the impacting vehicle. 22. During the time following the initialimpact and during the accident. Amy Grahma would have experienced conscious pain and sutTering from her initialinjuries. 23. Based on my review of the entire case records, including police report, scene photographs, death certificate, autopsy report. depositions together with my background education, knowledge, training and experience, itis my opinion within a reason degree of medical certainty thatAmy Grabina was conscious and aware of her pain from her inital injuries following the initial impact and during the accident. 24. The head and neck injures described in the autopsy report are rather severe and itis unlikely that afterreceiving them that she would have experienced any further conscious pain and suffering from her injuries. 25. Based on the above information itis my opinion within a reasonable degree of medical certainty thatAmy Grabina experienced approximately 6-7 seconds of pre-impact terror and conscious pain and suffering from the accident on 07, 18 15. 26. Therefore, based on the above information, itis my opinion within a reasonable degree of medical certainty, that Amy Grabina died from the injuries she sustained in the accident of 7/l8/2015. 27. Itis also my opinion, within a reasonable degree of medical certainty, that Amy Grabina experienced conscious pain and suffering from her injuries, as well as pre-impact terror prior to the accident as outline above. Dated this day of October , 2022 Gerard A. Catanese, MD 13 of 18 _____ FILED: . SUFFOLK ___ COUNTY - ___CLERK __ 11/28/2022 ____ - . . 05:31 ___ PM INDEX NO. 611214/2015 ___, __, ___, NYSCEF NYSCEF DOC. NO. DOC. NO.1080 1167 RECEIVEDRECEIVED NYSCEF: 10/31/2022 NYSCEF: 11/28/2022 EXHIBIT B 14 of 18 FILED: SUFFOLK -COUNTY ------ CLERK INDEX NO. 611214/2015 ----- - ---- ---- - -___ _ __ ., 11/28/2022 _ -, _ ._ . _05:31 - _ _ _, PM NYSCEF NYSCEF DQC . DOC. NO. NO.1080 1167 RECEIVED RECEIVED NYSCEF: 10/31/2022 NYSCEF: 11/28/2022 CURRICULUM VITAE Gerard A Catancsc MD Honic Address 64 Multontown Eastwoods Road SyossetN Y I1791 Home Telephone 516-92 I-6820 Home Office 516-364-01i s Date ofBirth I t/01/60 EDUCATION. 9/79-5/83 St. JohnsUniversity.Queens. N Y B. S. Biology 9/87-5/87 SUNY HealthScience Center at Brooklyn. N Y Doctor ofMedicine RESIDENCY: 7/87-6/89 Anatomic Pathology SUNY HealthScience Center at Brooklyn 450 Clarkson Avenue, Brooklyn, N Y 11203 7/89-6/90 Pediatnc Intern Winthrop Unisersity Hospital 260 FirstStreet, Mmcola, N Y I150 t 7/90-6/92 ClinicalPathology SUNY HealthScience Center at Brooklyn 450 Clarkson Avenue. Brooklyn. N Y 11203 FELLOWSHIP: 7/92-6/93 ForensicPathology New York Citymedical examiner s Office 520 FirstAvenue. New York. N Y 10016 15 of 18 FILED: SUFFOLK - - ---. - -COUNTY --.- - CLERK ____-.. _ _ , 11/28/2022 _ _ _ __ - - 05:31 PM INDEX NO. 611214/2015 _, ., NYSCEF NYSCEF DOC. DOC. NO. NO.1080 1167 RECEIVEDRECEIVED NYSCEF: 10/31/2022 NYSCEF: 11/28/2022 EMPLOYMEN! 7 93-911 City MedicM Ex aniner NG. York Citymedice ex;m:iner s C;lice 520 First.hema Neu Yoi N Y 100 i6 F/93- |1/ Depop Medical Evan er Nassau Count Medical examiner 01iice 225 i EknsYtead Turnpike.East Meaden N 01/ l6-10/!P Depun Chid MedL Livamuser 0ÍEGÎk COlm" MCdl dl EM)inef S Û!, 723 'veteransMemonal tiighuay Hauppaup± N. Y f i 788 ta/20 07 22 P.m Time Medi...ai Eturna.r Nass ra Cmmn Med:ca! tPstruinr sO :e 2251 He apstccui Turnp ke. Eau Meado N 4 ! i i5 i,!CENSE New Yeii d l75% New jme) #61781 Pennsy !*. mi 9MDCdú09-L Board Ce:ufl.ed Anatonite and Qnical hitholota / i i/95 92) Forensic P:!thologyUS li94) PROFESS.NAL SOCLETiES Ame m Acalenn of i orensic5c n:es 16 of 18