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 11/28/2022 05:31 PM INDEX NO. 611214/2015
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"3"
Exhibit
FILED:
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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.
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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, 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.
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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
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. .
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
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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
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FILED: . SUFFOLK
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EXHIBIT B
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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
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FILED: SUFFOLK
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