Preview
FILED: KINGS COUNTY CLERK 04/04/2022 05:39 PM INDEX NO. 523184/2021
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
INDEX NO. 523184/21
AKEYA P. CLARKE,
Plaintiff,
VERIFIED BILL OF
-against- PARTICULARS
FRANCISCO BRIVARD, LYFT, INC. and VELA
BRIVARDERILUS,
Defendants.
Plaintiff, by her attorneys, Mikhail Yadgarov & Associates, P.C., in response to the
Demand for a Bill of Particulars served by defendants FRANCISCO BRIVARD and VELA
BRIVARDERILUS, as and for her Verified Bill of Particulars, respectfully alleges:
1. The plaintiff's name is AKEYA P. CLARKE. The plaintiff resides at 191 Jefferson
Avenue, Apt. 2B, Brooklyn, NY 11216.
2. The plaintiff is 37 years old. Due to concerns of identity theft, plaintiffs counsel no
longer publishes client's dates of birth in Bills of Particulars since they are likely to be filed in the
public record along with other personal identifying information. Notwithstanding such objection,
plaintiff was born in 1984 and her birth date is on authorizations being provided with Plaintiffs
.
Defendants'
Response to Combined Demand for Discovery and Inspection.
3. Plaintiff further objects to the demand for a Social Security number as privileged, as an
interrogatory, as not designed to amplify the pleadings, and also to the disclosure of such
information in a filing likely to be publicly filed, due to the danger of identify theft. Itis also
impermissible pursuant to New York State General Business Law § 899-aa, 5 U.S.C.§ 552 [b][6]
and the Federal Privacy Act of 1974 (Public Law-93-579) § 7, and General Business Law 399-dd
(6). Notwithstanding such objection, Plaintiffs Social Security number is on the authorizations
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Defendants'
being provided with Plaintiffs Response to Combined Demand for Discovery and
Inspection.
4. The accident occurred on August 17, 2020 at approximately 3:00PM.
5. The accident occurred at the intersection of Flushing Avenue and Bedford Avenue,
Brooklyn, New York. Plaintiff objects to the within demand as itis in the form of an interrogatory,
beyond the scope of CPLR §3043, and otherwise improper for a Bill of Particulars.
6. The plaintiff relies upon the doctrine of res ipsa loquitur and also alleges that the
defendants was careless, reckless and negligent in the ownership, operation, management, control,
leasing, supervision, inspection, maintenance and repair of their motor vehicle; in operating said
vehicle at an excessive rate of speed; in failing to yield the right of way; in losing control of their
motor vehicle; in failing to keep a proper lookout along the roadway; in failing to avoid the
occurrence complained of although there was a reasonable opportunity to do so; in operating their
motor vehicle while in an impaired condition in failing to observe traffic conditions and driviIg
conditions then and there existing at the place and time of the occurrence complained of, and in
failing to operate their motor vehicle with that degree of care and caution necessary under said
traffic and driving conditions;
In failing to sound the horn or otherwise to warn the plaintiff herein of impending danger;
in operating their motor vehicle with careless disregard for the safety of other persons, and
especially for the safety of the plaintiff herein; in failing to stop, steer or otherwise avoid the
subject occurrence; in failing to timely apply the brakes of their motor vehicle so as toavoid said
occurrence; in failing to properly operate the steering mechanism of their motor vehicle so as to
avoid said occurrence; in failing to keep an adequate, proper and safe distance between their motor
vehicle and the plaintiff s motor vehicle; in striking the plaintiff s motor vehicle; in failing to keep
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from striking the plaintiffs motor vehicle; in causing injury to the plaintiff herein; in failing to
keep the plaintiff herein free from injury;
In failing to keep their motor vehicle in proper operating condition; in failing to inspect
said vehicle for latent and patent defects; in failing to provide said vehicle with adequate and
efficient brakes and/or steering mechanism and/or signaling devices and/or tires and/or
transmission system; in failing to observe the rules of the road; in violating all applicable laws,
statutes, rules, regulations, codes and ordinances then and there in effect and existing at the place
and time of the occurrence complained of; and negligent in the ownership, operation, control,
management, leasing, supervision, inspection, maintenance and repair of their motor vehicle.
7. Plaintiff objects to the within demand as it isin the form of an interrogatory, beyond the
scope of CPLR §3043, and otherwise improper for a Bill of Particulars.
8. This Court will take judicial notice of the applicable law, ordinances, statutes and
common law claimed to have been violated by the defendant. Upon information and belief,
defendants violated Vehicle and Traffic Law Sec. 375, 1101, 1102, 1105, 1110, 1111, 1113, 1115,
1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1130, 1140, 1141, 1142, 1143, 1144,
1145, 1146, 1160, 1161, 1162, 1163, 1164, 1166, 1170, 1171, 1172, 1173, 1174, 1175, 1176,
1180, 1180-a, 1181, 1182, 1190, 1192, 1200, 1201, 1202, 1203, 1203-b, 1210, 1211 1212, 1213,
1214, 1215, 1216, 1217, 1218, 1219, 1220, 1220-a, 1221, 1222, 1223, 1225, 1225-a, 1226, 1227,
1228, 1229, 1229-a, 1229-c, 1250, 1251 and 1252, and Sec. 4-03, 4-04, 4-05, 4-06, 4-07, 4-08,
4-09 and 4-12 of the Traffic Regulations of the City of New York.
9. The plaintiff was an owner of a 2008 Honda Accord. The plaintiff's 2008 Honda Accord
was damaged, thereby necessitating repairs/and or the replacement thereof. The plaintiff has been
damaged in a sum of NINE HUNDRED FOURTY THREE DOLLARS AND NINETY FOUR
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CENTS ($943.94).
10. The plaintiff suffered the following serious personal injuries:
*
LEFT SHOULDER ARTHROSCOPY WITH COMPLETE SYNOVECTOMY;
EXTENSIVE DEBRIDEMENT OF PARTIAL THICKNESS ROTATOR CUFF TEAR
AND TORN LABRUM; SUBACROMIAL BURSECTOMY; LYSIS OF ADHESIONS
[03/06/2021]
* ROTATOR TEAR
LEFT SHOULDER PARTIAL THICKNESS CUFF
*
LEFT SHOULDER TORN LABRUM
*
LEFT SHOULDER SUBACROMIAL BURSITIS
*
LEFT SHOULDER ADHESIVE CAPSULITIS
*
LEFT SHOULDER SUPRASPINATUS TENDON TENDINOSIS/
TENDINO ATIIY WITH HETEROGENEŒUS INTRASUBSTANCE SIGN I
ABNORMALITY VENTRALLY APPROACHING THE DISTAL INSERTION
*
LEFT SHOULDER SLAP TEAR EXTENDING INTO POSTERIOR GLENOID
LABRUM; TRACE FLUID WITHIN THE GLENOHUMERAL JOINT
* THE
LEFT SHOULDER HYPERTROPHIC CHANGES OF
ACROMIOCLAVICULAR JOINT TYPE II ACROMION CONFIGURATION AND
VENTRALLY DOWNSLOAPING ACROMION ABUTING THE BURSAL SURFACE OF
THE ROTATOR CUFF
* BOTH AND
LEFT SHOULDER BICEPS TENDINITIS, SUBSCAPULARIS
INFRASPINATUS TENDON PARTIAL TEAR IN DORSAL SUBDELTOID-
AREA;
SUBACROMIAL BURSITIS
*
LEFT SHOULDER STRAIN/ SPRAIN
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*
LEFT SHOULDER POST SURGICAL SCARS
* SHOULDER
AGGRAVATION/EXACERBATION OF PRE-EXISTING LEFT
CONDITION
As a result of the above injuries, plaintiff suffers
severe pain and tenderness of the indicate arm(s),
wrist(s), hand(s), elbow(s) and/or shoulder(s),
weakness, loss of strength, restriction of motion,
inability to bear or carry weight, pain on weight
bearing or carrying, pain on lifting,difficulty lifting,
necessity to wear a cast, all with involvement of the
surrounding soft tissues, nerve endings, blood vessels,
muscles, tendons and ligaments, all with resultant
pain, deformity and disability;
*
INTERLAMINAR EPIDURAL STEROID INJECTION AT L5-S1 UNDER
FLUOROSCOPIC GUIDANCE; EPIDUROGRAM AT L5-S1 (01/08/2021)
*
DISC HERNIATION AT L4-L5 W TH COMPRESSIOÑ AÑD IMPINGEMENT
UPON THE VENTRAL THECAL SAC; DISC PROTRUSION MEASURES 19 MM IN
TRANSVERSE DIMENSION AND 2MM IN AP DIMENSION WITH NARROWING OF
NEURAL FORAMINA BILATERALLY
*
DISC HERNIATION AT L5-S1 WITH COMPRESSION AND IMPINGEMENT
UPON THE VENTRAL THECAL SAC; DISC PROTRUSION MEASURES 18 MM IN
TRANSVERSE DIMENSION AND 3MM IN AP DIMENSION WITH NARROWING OF
NEURAL FORAMINA BILATERALLY
*
LUMBAR RADICULOPATHY
*
LUMBAR INTERVERTEBRAL DISC DISPLACEMENT
*
LUMBAR STRAIN/ SPRAIN
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*
AGGRAVATION/EXACERBATION OF PRE-EXISTING LUMBAR
CONDITION
As a result of the above injuries, plaintiff suffers
severe pain and tenderness of the lumbar spine,
weakness of the lower extremities, numbness in the
legs, feet and toes, loss of strength, loss of function,
restriction of motion, pain radiating to the lower
extremities, positive straight leg raising, buckling of
the legs tingling in the legs and foot weakness of the
toes and ankles, decreased sensation in the legs,
frequent urination with feeling of incomplete
evacuation, difficulty walking, difficulty sitting,
difficulty standing, difficulty sleeping, plaintiff
necessitates an EMG and/or CAT Scan and/or
Myelogram, possible future hospitalization and
surgery, all with involvement of the surrounding soft
tissues, nerve endings, blood vessels, muscles,
tendons and ligaments, all with resultant pain,
deformity and disability;
*
DISC HERNIATION AT C3-C4 WITH COMPRESSION AND IMPINGEMENT
UPON THE VENTRAL CSF SPACE; DISC PROTRUSION MEASURES 15 MM IN
TRANSVERSE DIMENSION AND 2MM IN AP DIMENSION WITH NARROWING OF
NEURAL FORAMINA BILATERALLY LEFT GRATER THAN RIGHT
*
DISC HERNIATION AT C4-C5 WITH COMPRESSION AND IMPINGEMENT
UPON THE VENTRAL CSF SPACE; DISC PROTRUSION MEASURES 15 MM IN
TRANSVERSE DIMENSION AND 2MM IN AP DIMENSION WITH NARROWING OF
NEURAL FORAMINA BILATERALLY
*
DISC HERNIATION AT C6-C7 WITH COMPRESSION AND IMPINGEMENT
UPON THE VENTRAL CSF SPACE; DISC PROTRUSION MEASURES 15 MM IN
TRANSVERSE DIMENSION AND 3MM IN AP DIMENSION WITH NARROWING OF
NEURAL FORAMINA BILATERALLY
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*
CERVICAL RADICULOPATHY
*
CERVICAL STRAIN/ SPRAIN
*
AGGRAVATION/EXACERBATION OF PRE-EXISTING CERVICAL
CONDITION
As a result of the above injuries, plaintiff suffers
severe pain and tenderness of the cervical spine,
weakness of the upper extremities, numbness in the
arms, hands and fingers, loss of strength, loss of
function, restriction of motion, pain radiating to the
upper extremities, tingling in the arms and hands,
weakness of the arms and hands, decreased sensation
in the arms and hands, difficulty lifting, difficulty
carrying, drops objects, difficulty sleeping, plaintiff
necessitates an EMG and/or CAT Scan and/or
Myelogram, possible future hospitalization and
surgery, all with involvement of the surrounding soft
tissues, nerve endings, blood vessels, muscles,
tendons and ligaments, all with resultant pain,
deformity and disability;
Severe anxiety, concern about possible further complications, depression, humiliation,
self-consciousness, feelings of helplessness, frustration, feelings of hopelessness, feelings of
victimization and vulnerability, flashbacks, fear, anger, desperation, distraction, decreased
concentration, exasperation, sadness, melancholy, feelings of invalidism, social inhibition and
psychic trauma.
All of the injuries mentioned herein, manifestations, resulting disabilities and
involvements, may, ifthey progress or fail to heal, require surgery, and are associated with further
soft tissue injury to the areas traumatically affected, including tearing, derangement, involvement
of and damage to the surrounding muscles and muscle groups, ligaments, tendons, blood vessels,
and blood supply, nerves and nerve tissue, epithelial tissue, body tissues and bone structure, all
concomitant to the specific injuries and related to the various portions mentioned herein, with
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resultant pain, deformity, disability, stiffness, weakness, swelling, tenderness, edema, atrophy,
ecchymosis, impairment of use, restriction and limitation of motion, pain on motion, possible loss
of use, atrophy, disfigurement. Surgery may be required in the future.
Upon information and belief, these injuries aggravated, activated, exacerbated and/or
precipitated any underlying hypertrophic, degenerative, arthritic, circulatory, arterial, venous,
and/or systemic condition or conditions which was or were asymptomatic prior to the accident
complained of.
Upon information and belief, all of the above injuries, together with their residuals and
sequelae, except those of a superficial nature, are permanent, progressive and continuing in nature.
The plaintiff reserves the right to supplement this Bill of Particulars when further medical
information becomes available. In addition, itis claimed that said injuries have directly adversely
affected the nerves, tissues, blood vessels, muscles, ligaments, cartilages, tendons, bones, and soft
parts in and about the sites of the above mentioned areas of the injury, including the central
nervous system, muscular system and skeletal system. Also, with advancing years there will be
naturally and medically related complications and exacerbations. The aforesaid have and will
continue in the future to affect every facet of the plaintiff s pre-accident way of life with resultant
damages. The plaintiff will introduce upon the trial herein testimony and proof in conjunction with
all of the injuries, conditions, manifestations, and sequelae which will be permanent, and reserves
the right to adduce proof with respect thereto at the time of the trial.
11. Plaintiff was confined to Woodhull Hospital Medical Center, 760 Broadway, Brooklyn,
NY 11206 for approximately 1 day on the date of accident.
12. The plaintiff was confined to bed for approximately 4 days following the date of
accident and the plaintiff was confined to bed for approximately 2 weeks following the date of
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surgery, and intermittently thereafter.
The plaintiff was confined to home for approximately 4 days following the date of
accident and the plaintiff was confined to home for approximately 2 weeks following the date of
surgery, and intermittently thereafter.
13. Not applicable. Loss of earnings is not claimed.
14. The plaintiff incurred the following special damages:
Physician services - $80,000.00 to date and
a) approximately continuing
Medical supplies - included in physician's services
b)
services - included in physician's services
c) Nursing
Hospital services - $20,000.00
d) approximately
expenses - included in physician's services
e) X-Ray
Chiropractors- included in physician's services
f)
Physiotherapists- included in physician's services
g)
Drugs and medications- included in physician's services
h)
Loss of earnings- not claimed
i)
Other damages - not available at this time
j)
Plaintiff reserves the right to prove additional special damages at the time of the trial of this
action in the event these costs are continuing.
15. The plaintiff presently knows of no witnesses, other than the named parties on the
police report.
16. Not applicable.
17. See paragraph 13.
18. Not applicable.
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19. State Farm Insurance Company, P.O.BOX 106114, Atlanta, GA 30348 claim number
32-10L7-29H. Plaintiff is not aware of the exact amount of reimbursement. Notwithstanding same,
authorization annexed hereto will enable the defendant to obtain the requested information.
injury"
20. The plaintiff sustained a "serious under Section 5102(d) ofthe Insurance Law in
that she suffered a personal injury resulting in a permanent loss of use of a body organ, member,
function or system; permanent consequential limitation of use of a body organ or member; a
significant limitation of use of a body organ, member, function or system; and a medically
determined injury or impairment of a non-permanent nature which prevents her from performing
substantially all of the material acts which constitute her usual and customary daily activities for
not less than ninety days during the one hundred eighty days immediately following the
occurrence of the injury or impairment.
The plaintiff additionally suffered economic loss greater than basic economic loss as that
term is used in Section 5102 et.seq. of the New York State Insurance Law.
21. Aggravation/exacerbation of pre-existing leftshoulder, cervical and lumbar condition.
22-25. Not applicable.
PLEASE TAKE NOTICE that Plaintiff reserves the right to serve further, supplemental
and/or amended Bills of Particular up to the time of tripl.
Dated: Brooklyn, New York
April 4, 2022
By: Mikh a garov
MIKHA A GAROV & ASSOCIATES, P.C.
Attorneys for aintiff
2171 86th Street, Suite 1
Brooklyn, New York 11214
(718) 333-0812
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BAKER, MCEVOY & MOSKOVITS, P.C.
Attorneys for Defendants
FRANCISCO BRIVARD and VELA BRIVARDERILUS
One Metrotech Center, 8th Floor
Brooklyn, New York 11201
(212) 857-8230
File No.: 1088650
LEWIS BRISBOIS BISGAARD & SMITH LLP
Attorneys for Defendant
LYFT, INC.
77 Water Street, Suite 2100
New York, New York 10005
(212) 232-1300
File No.: 37586.3100
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Preview
FILED: KINGS COUNTY CLERK 04/04/2022 05:39 PM INDEX NO. 523184/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO. 523184/21 AKEYA P. CLARKE, Plaintiff, VERIFIED BILL OF -against- PARTICULARS FRANCISCO BRIVARD, LYFT, INC. and VELA BRIVARDERILUS, Defendants. Plaintiff, by her attorneys, Mikhail Yadgarov & Associates, P.C., in response to the Demand for a Bill of Particulars served by defendants FRANCISCO BRIVARD and VELA BRIVARDERILUS, as and for her Verified Bill of Particulars, respectfully alleges: 1. The plaintiff's name is AKEYA P. CLARKE. The plaintiff resides at 191 Jefferson Avenue, Apt. 2B, Brooklyn, NY 11216. 2. The plaintiff is 37 years old. Due to concerns of identity theft, plaintiffs counsel no longer publishes client's dates of birth in Bills of Particulars since they are likely to be filed in the public record along with other personal identifying information. Notwithstanding such objection, plaintiff was born in 1984 and her birth date is on authorizations being provided with Plaintiffs . Defendants' Response to Combined Demand for Discovery and Inspection. 3. Plaintiff further objects to the demand for a Social Security number as privileged, as an interrogatory, as not designed to amplify the pleadings, and also to the disclosure of such information in a filing likely to be publicly filed, due to the danger of identify theft. Itis also impermissible pursuant to New York State General Business Law § 899-aa, 5 U.S.C.§ 552 [b][6] and the Federal Privacy Act of 1974 (Public Law-93-579) § 7, and General Business Law 399-dd (6). Notwithstanding such objection, Plaintiffs Social Security number is on the authorizations 1 of 11 FILED: KINGS COUNTY CLERK 04/04/2022 05:39 PM INDEX NO. 523184/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/04/2022 Defendants' being provided with Plaintiffs Response to Combined Demand for Discovery and Inspection. 4. The accident occurred on August 17, 2020 at approximately 3:00PM. 5. The accident occurred at the intersection of Flushing Avenue and Bedford Avenue, Brooklyn, New York. Plaintiff objects to the within demand as itis in the form of an interrogatory, beyond the scope of CPLR §3043, and otherwise improper for a Bill of Particulars. 6. The plaintiff relies upon the doctrine of res ipsa loquitur and also alleges that the defendants was careless, reckless and negligent in the ownership, operation, management, control, leasing, supervision, inspection, maintenance and repair of their motor vehicle; in operating said vehicle at an excessive rate of speed; in failing to yield the right of way; in losing control of their motor vehicle; in failing to keep a proper lookout along the roadway; in failing to avoid the occurrence complained of although there was a reasonable opportunity to do so; in operating their motor vehicle while in an impaired condition in failing to observe traffic conditions and driviIg conditions then and there existing at the place and time of the occurrence complained of, and in failing to operate their motor vehicle with that degree of care and caution necessary under said traffic and driving conditions; In failing to sound the horn or otherwise to warn the plaintiff herein of impending danger; in operating their motor vehicle with careless disregard for the safety of other persons, and especially for the safety of the plaintiff herein; in failing to stop, steer or otherwise avoid the subject occurrence; in failing to timely apply the brakes of their motor vehicle so as toavoid said occurrence; in failing to properly operate the steering mechanism of their motor vehicle so as to avoid said occurrence; in failing to keep an adequate, proper and safe distance between their motor vehicle and the plaintiff s motor vehicle; in striking the plaintiff s motor vehicle; in failing to keep 2 of 11 FILED: KINGS COUNTY CLERK 04/04/2022 05:39 PM INDEX NO. 523184/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/04/2022 from striking the plaintiffs motor vehicle; in causing injury to the plaintiff herein; in failing to keep the plaintiff herein free from injury; In failing to keep their motor vehicle in proper operating condition; in failing to inspect said vehicle for latent and patent defects; in failing to provide said vehicle with adequate and efficient brakes and/or steering mechanism and/or signaling devices and/or tires and/or transmission system; in failing to observe the rules of the road; in violating all applicable laws, statutes, rules, regulations, codes and ordinances then and there in effect and existing at the place and time of the occurrence complained of; and negligent in the ownership, operation, control, management, leasing, supervision, inspection, maintenance and repair of their motor vehicle. 7. Plaintiff objects to the within demand as it isin the form of an interrogatory, beyond the scope of CPLR §3043, and otherwise improper for a Bill of Particulars. 8. This Court will take judicial notice of the applicable law, ordinances, statutes and common law claimed to have been violated by the defendant. Upon information and belief, defendants violated Vehicle and Traffic Law Sec. 375, 1101, 1102, 1105, 1110, 1111, 1113, 1115, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1130, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1160, 1161, 1162, 1163, 1164, 1166, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1180, 1180-a, 1181, 1182, 1190, 1192, 1200, 1201, 1202, 1203, 1203-b, 1210, 1211 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1220-a, 1221, 1222, 1223, 1225, 1225-a, 1226, 1227, 1228, 1229, 1229-a, 1229-c, 1250, 1251 and 1252, and Sec. 4-03, 4-04, 4-05, 4-06, 4-07, 4-08, 4-09 and 4-12 of the Traffic Regulations of the City of New York. 9. The plaintiff was an owner of a 2008 Honda Accord. The plaintiff's 2008 Honda Accord was damaged, thereby necessitating repairs/and or the replacement thereof. The plaintiff has been damaged in a sum of NINE HUNDRED FOURTY THREE DOLLARS AND NINETY FOUR 3 of 11 FILED: KINGS COUNTY CLERK 04/04/2022 05:39 PM INDEX NO. 523184/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/04/2022 CENTS ($943.94). 10. The plaintiff suffered the following serious personal injuries: * LEFT SHOULDER ARTHROSCOPY WITH COMPLETE SYNOVECTOMY; EXTENSIVE DEBRIDEMENT OF PARTIAL THICKNESS ROTATOR CUFF TEAR AND TORN LABRUM; SUBACROMIAL BURSECTOMY; LYSIS OF ADHESIONS [03/06/2021] * ROTATOR TEAR LEFT SHOULDER PARTIAL THICKNESS CUFF * LEFT SHOULDER TORN LABRUM * LEFT SHOULDER SUBACROMIAL BURSITIS * LEFT SHOULDER ADHESIVE CAPSULITIS * LEFT SHOULDER SUPRASPINATUS TENDON TENDINOSIS/ TENDINO ATIIY WITH HETEROGENEŒUS INTRASUBSTANCE SIGN I ABNORMALITY VENTRALLY APPROACHING THE DISTAL INSERTION * LEFT SHOULDER SLAP TEAR EXTENDING INTO POSTERIOR GLENOID LABRUM; TRACE FLUID WITHIN THE GLENOHUMERAL JOINT * THE LEFT SHOULDER HYPERTROPHIC CHANGES OF ACROMIOCLAVICULAR JOINT TYPE II ACROMION CONFIGURATION AND VENTRALLY DOWNSLOAPING ACROMION ABUTING THE BURSAL SURFACE OF THE ROTATOR CUFF * BOTH AND LEFT SHOULDER BICEPS TENDINITIS, SUBSCAPULARIS INFRASPINATUS TENDON PARTIAL TEAR IN DORSAL SUBDELTOID- AREA; SUBACROMIAL BURSITIS * LEFT SHOULDER STRAIN/ SPRAIN 4 of 11 FILED: KINGS COUNTY CLERK 04/04/2022 05:39 PM INDEX NO. 523184/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/04/2022 * LEFT SHOULDER POST SURGICAL SCARS * SHOULDER AGGRAVATION/EXACERBATION OF PRE-EXISTING LEFT CONDITION As a result of the above injuries, plaintiff suffers severe pain and tenderness of the indicate arm(s), wrist(s), hand(s), elbow(s) and/or shoulder(s), weakness, loss of strength, restriction of motion, inability to bear or carry weight, pain on weight bearing or carrying, pain on lifting,difficulty lifting, necessity to wear a cast, all with involvement of the surrounding soft tissues, nerve endings, blood vessels, muscles, tendons and ligaments, all with resultant pain, deformity and disability; * INTERLAMINAR EPIDURAL STEROID INJECTION AT L5-S1 UNDER FLUOROSCOPIC GUIDANCE; EPIDUROGRAM AT L5-S1 (01/08/2021) * DISC HERNIATION AT L4-L5 W TH COMPRESSIOÑ AÑD IMPINGEMENT UPON THE VENTRAL THECAL SAC; DISC PROTRUSION MEASURES 19 MM IN TRANSVERSE DIMENSION AND 2MM IN AP DIMENSION WITH NARROWING OF NEURAL FORAMINA BILATERALLY * DISC HERNIATION AT L5-S1 WITH COMPRESSION AND IMPINGEMENT UPON THE VENTRAL THECAL SAC; DISC PROTRUSION MEASURES 18 MM IN TRANSVERSE DIMENSION AND 3MM IN AP DIMENSION WITH NARROWING OF NEURAL FORAMINA BILATERALLY * LUMBAR RADICULOPATHY * LUMBAR INTERVERTEBRAL DISC DISPLACEMENT * LUMBAR STRAIN/ SPRAIN 5 of 11 FILED: KINGS COUNTY CLERK 04/04/2022 05:39 PM INDEX NO. 523184/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/04/2022 * AGGRAVATION/EXACERBATION OF PRE-EXISTING LUMBAR CONDITION As a result of the above injuries, plaintiff suffers severe pain and tenderness of the lumbar spine, weakness of the lower extremities, numbness in the legs, feet and toes, loss of strength, loss of function, restriction of motion, pain radiating to the lower extremities, positive straight leg raising, buckling of the legs tingling in the legs and foot weakness of the toes and ankles, decreased sensation in the legs, frequent urination with feeling of incomplete evacuation, difficulty walking, difficulty sitting, difficulty standing, difficulty sleeping, plaintiff necessitates an EMG and/or CAT Scan and/or Myelogram, possible future hospitalization and surgery, all with involvement of the surrounding soft tissues, nerve endings, blood vessels, muscles, tendons and ligaments, all with resultant pain, deformity and disability; * DISC HERNIATION AT C3-C4 WITH COMPRESSION AND IMPINGEMENT UPON THE VENTRAL CSF SPACE; DISC PROTRUSION MEASURES 15 MM IN TRANSVERSE DIMENSION AND 2MM IN AP DIMENSION WITH NARROWING OF NEURAL FORAMINA BILATERALLY LEFT GRATER THAN RIGHT * DISC HERNIATION AT C4-C5 WITH COMPRESSION AND IMPINGEMENT UPON THE VENTRAL CSF SPACE; DISC PROTRUSION MEASURES 15 MM IN TRANSVERSE DIMENSION AND 2MM IN AP DIMENSION WITH NARROWING OF NEURAL FORAMINA BILATERALLY * DISC HERNIATION AT C6-C7 WITH COMPRESSION AND IMPINGEMENT UPON THE VENTRAL CSF SPACE; DISC PROTRUSION MEASURES 15 MM IN TRANSVERSE DIMENSION AND 3MM IN AP DIMENSION WITH NARROWING OF NEURAL FORAMINA BILATERALLY 6 of 11 FILED: KINGS COUNTY CLERK 04/04/2022 05:39 PM INDEX NO. 523184/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/04/2022 * CERVICAL RADICULOPATHY * CERVICAL STRAIN/ SPRAIN * AGGRAVATION/EXACERBATION OF PRE-EXISTING CERVICAL CONDITION As a result of the above injuries, plaintiff suffers severe pain and tenderness of the cervical spine, weakness of the upper extremities, numbness in the arms, hands and fingers, loss of strength, loss of function, restriction of motion, pain radiating to the upper extremities, tingling in the arms and hands, weakness of the arms and hands, decreased sensation in the arms and hands, difficulty lifting, difficulty carrying, drops objects, difficulty sleeping, plaintiff necessitates an EMG and/or CAT Scan and/or Myelogram, possible future hospitalization and surgery, all with involvement of the surrounding soft tissues, nerve endings, blood vessels, muscles, tendons and ligaments, all with resultant pain, deformity and disability; Severe anxiety, concern about possible further complications, depression, humiliation, self-consciousness, feelings of helplessness, frustration, feelings of hopelessness, feelings of victimization and vulnerability, flashbacks, fear, anger, desperation, distraction, decreased concentration, exasperation, sadness, melancholy, feelings of invalidism, social inhibition and psychic trauma. All of the injuries mentioned herein, manifestations, resulting disabilities and involvements, may, ifthey progress or fail to heal, require surgery, and are associated with further soft tissue injury to the areas traumatically affected, including tearing, derangement, involvement of and damage to the surrounding muscles and muscle groups, ligaments, tendons, blood vessels, and blood supply, nerves and nerve tissue, epithelial tissue, body tissues and bone structure, all concomitant to the specific injuries and related to the various portions mentioned herein, with 7 of 11 FILED: KINGS COUNTY CLERK 04/04/2022 05:39 PM INDEX NO. 523184/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/04/2022 resultant pain, deformity, disability, stiffness, weakness, swelling, tenderness, edema, atrophy, ecchymosis, impairment of use, restriction and limitation of motion, pain on motion, possible loss of use, atrophy, disfigurement. Surgery may be required in the future. Upon information and belief, these injuries aggravated, activated, exacerbated and/or precipitated any underlying hypertrophic, degenerative, arthritic, circulatory, arterial, venous, and/or systemic condition or conditions which was or were asymptomatic prior to the accident complained of. Upon information and belief, all of the above injuries, together with their residuals and sequelae, except those of a superficial nature, are permanent, progressive and continuing in nature. The plaintiff reserves the right to supplement this Bill of Particulars when further medical information becomes available. In addition, itis claimed that said injuries have directly adversely affected the nerves, tissues, blood vessels, muscles, ligaments, cartilages, tendons, bones, and soft parts in and about the sites of the above mentioned areas of the injury, including the central nervous system, muscular system and skeletal system. Also, with advancing years there will be naturally and medically related complications and exacerbations. The aforesaid have and will continue in the future to affect every facet of the plaintiff s pre-accident way of life with resultant damages. The plaintiff will introduce upon the trial herein testimony and proof in conjunction with all of the injuries, conditions, manifestations, and sequelae which will be permanent, and reserves the right to adduce proof with respect thereto at the time of the trial. 11. Plaintiff was confined to Woodhull Hospital Medical Center, 760 Broadway, Brooklyn, NY 11206 for approximately 1 day on the date of accident. 12. The plaintiff was confined to bed for approximately 4 days following the date of accident and the plaintiff was confined to bed for approximately 2 weeks following the date of 8 of 11 FILED: KINGS COUNTY CLERK 04/04/2022 05:39 PM INDEX NO. 523184/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/04/2022 surgery, and intermittently thereafter. The plaintiff was confined to home for approximately 4 days following the date of accident and the plaintiff was confined to home for approximately 2 weeks following the date of surgery, and intermittently thereafter. 13. Not applicable. Loss of earnings is not claimed. 14. The plaintiff incurred the following special damages: Physician services - $80,000.00 to date and a) approximately continuing Medical supplies - included in physician's services b) services - included in physician's services c) Nursing Hospital services - $20,000.00 d) approximately expenses - included in physician's services e) X-Ray Chiropractors- included in physician's services f) Physiotherapists- included in physician's services g) Drugs and medications- included in physician's services h) Loss of earnings- not claimed i) Other damages - not available at this time j) Plaintiff reserves the right to prove additional special damages at the time of the trial of this action in the event these costs are continuing. 15. The plaintiff presently knows of no witnesses, other than the named parties on the police report. 16. Not applicable. 17. See paragraph 13. 18. Not applicable. 9 of 11 FILED: KINGS COUNTY CLERK 04/04/2022 05:39 PM INDEX NO. 523184/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/04/2022 19. State Farm Insurance Company, P.O.BOX 106114, Atlanta, GA 30348 claim number 32-10L7-29H. Plaintiff is not aware of the exact amount of reimbursement. Notwithstanding same, authorization annexed hereto will enable the defendant to obtain the requested information. injury" 20. The plaintiff sustained a "serious under Section 5102(d) ofthe Insurance Law in that she suffered a personal injury resulting in a permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; a significant limitation of use of a body organ, member, function or system; and a medically determined injury or impairment of a non-permanent nature which prevents her from performing substantially all of the material acts which constitute her usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. The plaintiff additionally suffered economic loss greater than basic economic loss as that term is used in Section 5102 et.seq. of the New York State Insurance Law. 21. Aggravation/exacerbation of pre-existing leftshoulder, cervical and lumbar condition. 22-25. Not applicable. PLEASE TAKE NOTICE that Plaintiff reserves the right to serve further, supplemental and/or amended Bills of Particular up to the time of tripl. Dated: Brooklyn, New York April 4, 2022 By: Mikh a garov MIKHA A GAROV & ASSOCIATES, P.C. Attorneys for aintiff 2171 86th Street, Suite 1 Brooklyn, New York 11214 (718) 333-0812 10 of 11 FILED: KINGS COUNTY CLERK 04/04/2022 05:39 PM INDEX NO. 523184/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/04/2022 BAKER, MCEVOY & MOSKOVITS, P.C. Attorneys for Defendants FRANCISCO BRIVARD and VELA BRIVARDERILUS One Metrotech Center, 8th Floor Brooklyn, New York 11201 (212) 857-8230 File No.: 1088650 LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendant LYFT, INC. 77 Water Street, Suite 2100 New York, New York 10005 (212) 232-1300 File No.: 37586.3100 11 of 11