Preview
FILED: SUFFOLK COUNTY CLERK 08/29/2023 12:15 PM INDEX NO. 615395/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
____________________________________________________Ç
JOHN H. MEYER, III, Index No.: 615395/2023
Plaintiff, VERIFIED BILL OF
PARTICULARS
- against -
JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL
SERVICE, INC.,
Defendants.
_____________________________________________Ç
Plaintiff, by his attorneys, PALERMO LAW, P.L.L.C., as and for his response to the
demand for a verified bill of particulars by defendants, JAN G. WILLIAMS and PORT
JEFFERSON CESSPOOL SERVICE, INC., dated July 19, 2023, hereby states as follows:
1. a. John H. Meyer, III.
b. None.
c. November 15, 1954.
d. Luxor Nursing and Rehabilitation at Mills Pond, 273 Moriches Road,
Saint James, New York, 11780.
e. Improper demand. See, G.B.L. § 399-ddd.
f. Not applicable.
2. The motor vehicle collision that is the subject of the complaint occurred on April
17, 2023 at approximately 2:54 p.m.
3. The motor vehicle collision that is the subject of the complaint occurred on April
17, 2023 at approximately 2:54 p.m.
4. Plaintiff objects to this demand as being palpably improper in that it fails to
comply with the provisions of CPLR 3043(a). Plaintiff also objects to tbis demand on the
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grounds that it calls for evidentiary material or information in the form of, or to be gleaned from,
depositions or expert testimony, and therefore such demand is overly broad, improper and
beyond the scope of a bill of particulars. See Dellagio v. Paul, 250 AD2d 806, 673 NYS2d 212
(2nd Dept. 1998); Bharwani v. Rosario, 180 AD2d 704, 579 NYS2d 727 (2nd Dept. 1992);
(3rd
Graves v. County of Albany, 278 A.D.2d 578, 717 N.Y.S.2d 420 Dept. 2000); Heyward v.
(3rd
Ellenville Community Hosp., 215 AD2d 967, 627 NYS2d 167 Dept. 1995); Rockefeller v.
Hwang, 106 AD2d 817 (3d Dept. 1984). Subject to and without waiving these objections, the
motor vehicle collision that is the subject of this action occurred on William Floyd Parkway,
approximately 100 feet south of its intersection with Flower Hill Drive, in Shirley, New York.
5. Plaintiff objects to this demand as being palpably improper in that it fails to
comply with the provisions of CPLR 3043(a). Subject to and without waiving this objection,
pursuant to CPLR 3043(a)(3), plaintiff provides a "[g]eneral statement of the acts or omissions
claimed"
constituting the negligence in paragraph six (6).
6. Defendants, their agents, servants and/or employees, were careless, negligent and
reckless as follows: failing to own, operate, maintain, drive and control their 2013 Chevrolet van
motor vehicle in a reasonably safe, prudent, lawful and proper manner; operating the aforesaid
motor vehicle at the accident location in such a manner as to cause injury, damage and loss to
plaintiff; operating the aforesaid motor vehicle so as to come into contact with, rear-end and
strike the rear of the motor vehicle operated by plaintiff; causing a rear-end collision with the
motor vehicle operated by plaintiff, which was stopped; causing, permitting and allowing the
aforesaid motor vehicle to violently collide with the rear of the motor vehicle operated by
plaintiff; failing to properly take heed of, observe, and avoid the motor vehicle operated by
plaintiff; failing to timely and properly decelerate, brake, steer, slow down and stop the aforesaid
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motor vehicle so as to avoid contacting, striking and rear-ending the motor vehicle operated by
plaintiff; failing to keep the aforesaid motor vehicle a proper distance from the motor vehicle
operated by plaintiff; failing to maintain a safe distance from the motor vehicle operated by
plaintiff; following the motor vehicle operated by plaintiff too closely; failing to use reasonable
care to avoid rear-ending the motor vehicle operated by plaintiff; failing to take heed and obey
road and traffic signs, signals, and conditions then and there existing; failing to obey the traffic
control device at the intersection where the motor vehicle collision occurred, including by failing
to stop at a red signal; failing to give any notice, signal or warning before the colliding with the
motor vehicle operated by plaintiff; failing to keep and maintain a proper lookout; failing to have
the aforesaid motor vehicle under proper control and management; failing to observe and
properly respond to the traffic and road conditions that were present; failing to give proper
and/or adequate signals or warnings of approach and/or danger; using a cell and/or mobile phone
while driving the aforesaid motor vehicle; talking on a cell and/or mobile phone while driving
the aforesaid motor vehicle; texting while driving the aforesaid motor vehicle; failing to take
such care and caution so as to avoid the accident, collision or occurrence; driving at a dangerous,
unsafe, illegal and excessive rate of speed under the circumstances then and there prevailing;
failing to act and react as a reasonably prudent person would or should have under the same or
similar circumstances; failing to lookout, take heed, observe, and/or pay proper attention to the
location and speed of other motor vehicles in the roadway; failing to act and react as a
reasonably prudent person would or should have under the same or similar circumstances; failing
to use adequate and proper braking and steering mechanisms in order to keep the aforesaid motor
vehicle under due and proper control; failing to exercise due care and diligence so as to avoid the
accident, collision and the injuries caused to plaintiff therefrom; failing to see that which is there
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to be seen; failing to foresee that injury would result from the manner in which the aforesaid
motor vehicle was being operated, maintained and driven; failing to exercise safe and reasonable
driving techniques; failing to follow the rules of the road; failing to have and/or administer the
proper training for the operation of the aforesaid motor vehicle; failing to comply and adhere to
the following provisions Vehicle and Traffic Law of the state of New York:
" SECTION - EQUIPMENT
375(1)(a) VIOLATION;
" SECTION 1101 - REQUIRED OBEDIANCE TO TRAFFIC LAWS;
" SECTION 1110 - OBEDIENCE TO AND REQUIRED TRAFFIC-
CONTROL DEVICES;
" SECTION - TRAFFIC-CONTROL SIGNAL
1111(D)
INDICATIONS. RED INDICATIONS.
" SECTION - FOLLOWING TOO
1129(a) CLOSELY;
" SECTION 1146 - DRIVERS TO EXERCISE DUE CARE
" SECTION -
1180(a) SPEEDING;
" SECTION 1212 - RECKLESS
DRIVING;
" SECTION 1225-c - IMPROPER USE OF MOBILE and
PHONE;
" SECTION 1226 - CONTROL OF STEERING MECHANISM.
Plaintiff also relies on the doctrine of res ipsa loquitur.
7. Plaintiff objects to this demand as being palpably improper in that it fails to
comply with the provisions of CPLR 3043(a). Subject to, and without waiving this objection,
plaintiff alleges that defendants owned, operated, maintained, drove and controlled their motor
vehicle in a dangerous, unsafe, negligent, reckless and carless manner. A general statement of
the acts and omissions constituting the negligence, carelessness, and recklessness of defendants,
their agents, servants and/or employees, are set forth in paragraph six (6).
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8. - 9. Not applicable.
10. A general statement of the acts and omissions constituting the negligence,
carelessness, and recklessness of defendants, their agents, servants and/or employees, are set
forth in paragraph six (6).
11. The defendants violated the following sections of the New York State Vehicle and
Traffic Law:
" SECTION - EQUIPMENT
375(1)(a) VIOLATION;
" SECTION 1101 - REQUIRED OBEDIANCE TO TRAFFIC LAWS;
" SECTION 1110 - OBEDIENCE TO AND REQUIRED TRAFFIC-
CONTROL DEVICES;
" SECTION - TRAFFIC-CONTROL SIGNAL
1111(D)
INDICATIONS. RED INDICATIONS.
" SECTION - FOLLOWING TOO
1129(a) CLOSELY;
" SECTION 1146 - DRIVERS TO EXERCISE DUE CARE;
" SECTION -
1180(a) SPEEDING;
" SECTION 1212 - RECKLESS
DRIVING;
" SECTION 1225-c - IMPROPER USE OF MOBILE and
PHONE;
" SECTION 1226 - CONTROL OF STEERING MECHANISM.
Plaintiff reserves the right to cite additional laws, regulations, or ordinances that
defendants have violated, until such time as this matter proceeds to trial. At that time, plaintiff
will request that the court take judicial notice of all applicable laws, statutes, ordinances, rules
and/or regulations, which were violated by defendants.
12. Not applicable.
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13. Plaintiff objects to this demand as being palpably improper in that it fails to
comply with the provisions of CPLR 3043(a). Subject to and without waiving this objection,
defendants'
defendants are referred to plaintiff's response to combined demands for statements
made by defendants.
14. Plaintiff objects to this demand as being palpably improper in that it fails to
comply with the provisions of CPLR 3043(a) and as it is overbroad or otherwise beyond the
scope of Article 31 of the CPLR. Subject to and without waiving this objection, defendants are
defendants'
referred to plaintiff's response to combined demands for statements made by
defendants and a statement of witnesses.
15. Plaintiff objects to this demand as being palpably improper in that it fails to
comply with the provisions of CPLR 3043(a). Subject to and without waiving this objection,
defendants'
defendants are referred to plaintiff's response to combined demands for a statement
of witnesses.
16. Plaintiff objects to this demand as being palpably improper in that it fails to
comply with the provisions of CPLR 3043(a). Subject to and without waiving this objection, no
other action has been commenced in connection with the occurrence that is the subject of the
verified complaint.
17. Plaintiff objects to this demand as being palpably improper in that it fails to
comply with the provisions of CPLR 3043(a). Subject to and without waiving this objection,
plaintiff is not in possession of any material responsive to this demand.
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18. Plaintiff sustained the following injuries and complications that were caused,
defendants'
contributed to and/or aggravated by the negligence, recklessness and carelessness:
- Trauma;*
- Thoracic factures;*
spine
- Fractures of and vertebrae;*
T1, T8, T9
- 3 column spine fractures T8-T9;*
at
- Fracture of spinous process;*
T8
- Damage to ligaments T8-T9;*
at
- Disc bulges and herniations at T6-T7 and T7-T8;*
- Spinal canal stenosis at T6-T7 T7-T8;*
and
- Displaced fracture in the T8-T9 disc
originating base,
propagating through the inferior T8 vertebral body, and exiting out
process;*
the T8 spinous
- of the T8 vertebra;*
Retrolisthesis
- vertebra;*
Lumbarization of the Sl
- cord compression;*
Thoracic spinal
- T8-T9;*
Thoracic spinal cord compression at
- Damage to the thoracic spinal cord;*
- thoracic spinal cord;*
Softening of the
- Nerve damage;*
- spinal level;*
Edema of the cord at the T8
- stenosis;*
Spinal canal
- nerve roots at the L3-L4 L4-L5 levels;*
Compression of cauda equina and
- L3-L4 disc bulge and severe facet arthropathy/ligament flavum thickening
in severe spinal canal stenosis;*
resulting
- stenosis;*
L3-L4 left and right neuroforaminal
- L4-L5 disc bulge and severe facet arthropathy/ligament flavum thickening
spinal stenosis;*
resulting in severe canal
- stenosis;*
L4-L5 bilateral neuroforaminal
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- L5-S1 disc bulge with effacement of right lateral recess and impingement of
S1 nerve root.*
- neuroforaminal stenosis;*
L5-Sl
- Shoulder pain;*
- Neck pain;*
- pain;*
Chest
- Back pain;*
- Weakness;*
- four extremities;*
Weakness in all
- all four extremities;*
Neuropathy involving
- region;*
Neuropathy involving the lumbar
- back neck;*
Neuropathy involving the and
- extremities;*
Decreased range of motion in all four
- Weakness decreased range of motion to the spine;*
and
- Weakness range of motion to the back;*
and decreased
- range of motion hips;*
Weakness and decreased to the
- range neck;*
Weakness and decreased of motion to the
- sensation in all four back and neck;*
Decreased extremities,
- to the lower bilaterally;*
Paralysis extremities,
- Hypotonia;*
- Fatigue;*
-
Sepsis;
- Septic shock;
- incontinence;*
Bowel
- Neurogenic bowel;*
- rectal tone;*
Loss of
-
Bacteremia;
- dysfunction;*
Multiorgan
- Oral dysphagia;*
- swallow;*
Impaired
- Groin and thigh erythema;
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- Groin ulceration;
- Fournier's gangrene;
- Groin cellulitis;
- Pleural effusions;
-
Pneumonia;
-
Rhabdomyolysis;
- Metabolic acidosis;
-
Tachycardia;
-
Hypothermia;
-
Dehydration;
-
Hypotension;
- Hemodynamic instability;
-
Anemia;
-
Cyanosis;
-
Hyponatremia;
-
Hypokalemia;
-
Hypercalcemia;
- scarring;*
Skin abrasions and
- Skin breakdown;*
- Pressure sores/decubitus ulcers;
- injury;*
Kidney
- Nephropathy;*
- Acute tubular necrosis;
- to right lateral rectus musculature;*
Injury
- Need for antibiotics;
- Need for foley catheter;
- Need for blood thinner/anticoagulant medications;
- Need for Heparin and Coumadin;
- Need for intubation;
- Need for sedation;
- Need for respirator/ventilator;
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-
Respiratory failure;
- Fluid volume overload;
- Need for blood and platelet transfusions;
- balance;*
Impaired
- Muscle atrophy;*
- Decrease muscle tone;*
- Need medication;*
for pain
- Need assistance self-care;*
for in
- Need for assistance with mobility;*
- to drive;*
Unable
- himself;*
Unable to feed
- Unable to engage in recreational activities;*
- Unable travel;*
to
- Need assistance management;*
for in bowel
- dressed;*
Impaired ability to get
- Need for home care and/or health aides;*
nursing home
- Need for hospital and care;*
medical, facility
- earnings;*
Lost
- income;*
Lost
- Decreased earnings capacity;*
- Decreased vocational opportunities;*
- Need assistance;*
for vocational
- anguish;*
Mental
- Emotional Distress;*
- enjoyment life;*
Loss of of
- Pain suffering;*
and
- Required to undergo on 2023 for percutaneous reduction
surgery May 12, (1)
and pedicle screw fixation of thoracic spine fracture, T6-T11, (2) T8-T9 thoracic
laminectomy for decompression of the spinal cord, and (3) intraoperative
fluoroscopy for spinal instrumentation;
- Surgical placement of hardware, screws and fixations to the thoracic spine;*
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- from surgery;*
Scarring
- Required and continues to require extensive medical treatment, nursing care,
imaging studies, physical therapy, rehabilitation therapy, and occupation
therapy;*
- dependent upon others for assistance with functions of
Totally daily living
activities, including feeding, toileting, personal hygiene, mobility, bathing, dressing,
and cleaning;*
cooking,
- Plaintiff continues to suffer from
Preview
FILED: SUFFOLK COUNTY CLERK 08/29/2023 12:15 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ____________________________________________________Ç JOHN H. MEYER, III, Index No.: 615395/2023 Plaintiff, VERIFIED BILL OF PARTICULARS - against - JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL SERVICE, INC., Defendants. _____________________________________________Ç Plaintiff, by his attorneys, PALERMO LAW, P.L.L.C., as and for his response to the demand for a verified bill of particulars by defendants, JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL SERVICE, INC., dated July 19, 2023, hereby states as follows: 1. a. John H. Meyer, III. b. None. c. November 15, 1954. d. Luxor Nursing and Rehabilitation at Mills Pond, 273 Moriches Road, Saint James, New York, 11780. e. Improper demand. See, G.B.L. § 399-ddd. f. Not applicable. 2. The motor vehicle collision that is the subject of the complaint occurred on April 17, 2023 at approximately 2:54 p.m. 3. The motor vehicle collision that is the subject of the complaint occurred on April 17, 2023 at approximately 2:54 p.m. 4. Plaintiff objects to this demand as being palpably improper in that it fails to comply with the provisions of CPLR 3043(a). Plaintiff also objects to tbis demand on the 1 of 19 FILED: SUFFOLK COUNTY CLERK 08/29/2023 12:15 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/29/2023 grounds that it calls for evidentiary material or information in the form of, or to be gleaned from, depositions or expert testimony, and therefore such demand is overly broad, improper and beyond the scope of a bill of particulars. See Dellagio v. Paul, 250 AD2d 806, 673 NYS2d 212 (2nd Dept. 1998); Bharwani v. Rosario, 180 AD2d 704, 579 NYS2d 727 (2nd Dept. 1992); (3rd Graves v. County of Albany, 278 A.D.2d 578, 717 N.Y.S.2d 420 Dept. 2000); Heyward v. (3rd Ellenville Community Hosp., 215 AD2d 967, 627 NYS2d 167 Dept. 1995); Rockefeller v. Hwang, 106 AD2d 817 (3d Dept. 1984). Subject to and without waiving these objections, the motor vehicle collision that is the subject of this action occurred on William Floyd Parkway, approximately 100 feet south of its intersection with Flower Hill Drive, in Shirley, New York. 5. Plaintiff objects to this demand as being palpably improper in that it fails to comply with the provisions of CPLR 3043(a). Subject to and without waiving this objection, pursuant to CPLR 3043(a)(3), plaintiff provides a "[g]eneral statement of the acts or omissions claimed" constituting the negligence in paragraph six (6). 6. Defendants, their agents, servants and/or employees, were careless, negligent and reckless as follows: failing to own, operate, maintain, drive and control their 2013 Chevrolet van motor vehicle in a reasonably safe, prudent, lawful and proper manner; operating the aforesaid motor vehicle at the accident location in such a manner as to cause injury, damage and loss to plaintiff; operating the aforesaid motor vehicle so as to come into contact with, rear-end and strike the rear of the motor vehicle operated by plaintiff; causing a rear-end collision with the motor vehicle operated by plaintiff, which was stopped; causing, permitting and allowing the aforesaid motor vehicle to violently collide with the rear of the motor vehicle operated by plaintiff; failing to properly take heed of, observe, and avoid the motor vehicle operated by plaintiff; failing to timely and properly decelerate, brake, steer, slow down and stop the aforesaid 2 of 19 FILED: SUFFOLK COUNTY CLERK 08/29/2023 12:15 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/29/2023 motor vehicle so as to avoid contacting, striking and rear-ending the motor vehicle operated by plaintiff; failing to keep the aforesaid motor vehicle a proper distance from the motor vehicle operated by plaintiff; failing to maintain a safe distance from the motor vehicle operated by plaintiff; following the motor vehicle operated by plaintiff too closely; failing to use reasonable care to avoid rear-ending the motor vehicle operated by plaintiff; failing to take heed and obey road and traffic signs, signals, and conditions then and there existing; failing to obey the traffic control device at the intersection where the motor vehicle collision occurred, including by failing to stop at a red signal; failing to give any notice, signal or warning before the colliding with the motor vehicle operated by plaintiff; failing to keep and maintain a proper lookout; failing to have the aforesaid motor vehicle under proper control and management; failing to observe and properly respond to the traffic and road conditions that were present; failing to give proper and/or adequate signals or warnings of approach and/or danger; using a cell and/or mobile phone while driving the aforesaid motor vehicle; talking on a cell and/or mobile phone while driving the aforesaid motor vehicle; texting while driving the aforesaid motor vehicle; failing to take such care and caution so as to avoid the accident, collision or occurrence; driving at a dangerous, unsafe, illegal and excessive rate of speed under the circumstances then and there prevailing; failing to act and react as a reasonably prudent person would or should have under the same or similar circumstances; failing to lookout, take heed, observe, and/or pay proper attention to the location and speed of other motor vehicles in the roadway; failing to act and react as a reasonably prudent person would or should have under the same or similar circumstances; failing to use adequate and proper braking and steering mechanisms in order to keep the aforesaid motor vehicle under due and proper control; failing to exercise due care and diligence so as to avoid the accident, collision and the injuries caused to plaintiff therefrom; failing to see that which is there 3 of 19 FILED: SUFFOLK COUNTY CLERK 08/29/2023 12:15 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/29/2023 to be seen; failing to foresee that injury would result from the manner in which the aforesaid motor vehicle was being operated, maintained and driven; failing to exercise safe and reasonable driving techniques; failing to follow the rules of the road; failing to have and/or administer the proper training for the operation of the aforesaid motor vehicle; failing to comply and adhere to the following provisions Vehicle and Traffic Law of the state of New York: " SECTION - EQUIPMENT 375(1)(a) VIOLATION; " SECTION 1101 - REQUIRED OBEDIANCE TO TRAFFIC LAWS; " SECTION 1110 - OBEDIENCE TO AND REQUIRED TRAFFIC- CONTROL DEVICES; " SECTION - TRAFFIC-CONTROL SIGNAL 1111(D) INDICATIONS. RED INDICATIONS. " SECTION - FOLLOWING TOO 1129(a) CLOSELY; " SECTION 1146 - DRIVERS TO EXERCISE DUE CARE " SECTION - 1180(a) SPEEDING; " SECTION 1212 - RECKLESS DRIVING; " SECTION 1225-c - IMPROPER USE OF MOBILE and PHONE; " SECTION 1226 - CONTROL OF STEERING MECHANISM. Plaintiff also relies on the doctrine of res ipsa loquitur. 7. Plaintiff objects to this demand as being palpably improper in that it fails to comply with the provisions of CPLR 3043(a). Subject to, and without waiving this objection, plaintiff alleges that defendants owned, operated, maintained, drove and controlled their motor vehicle in a dangerous, unsafe, negligent, reckless and carless manner. A general statement of the acts and omissions constituting the negligence, carelessness, and recklessness of defendants, their agents, servants and/or employees, are set forth in paragraph six (6). 4 of 19 FILED: SUFFOLK COUNTY CLERK 08/29/2023 12:15 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/29/2023 8. - 9. Not applicable. 10. A general statement of the acts and omissions constituting the negligence, carelessness, and recklessness of defendants, their agents, servants and/or employees, are set forth in paragraph six (6). 11. The defendants violated the following sections of the New York State Vehicle and Traffic Law: " SECTION - EQUIPMENT 375(1)(a) VIOLATION; " SECTION 1101 - REQUIRED OBEDIANCE TO TRAFFIC LAWS; " SECTION 1110 - OBEDIENCE TO AND REQUIRED TRAFFIC- CONTROL DEVICES; " SECTION - TRAFFIC-CONTROL SIGNAL 1111(D) INDICATIONS. RED INDICATIONS. " SECTION - FOLLOWING TOO 1129(a) CLOSELY; " SECTION 1146 - DRIVERS TO EXERCISE DUE CARE; " SECTION - 1180(a) SPEEDING; " SECTION 1212 - RECKLESS DRIVING; " SECTION 1225-c - IMPROPER USE OF MOBILE and PHONE; " SECTION 1226 - CONTROL OF STEERING MECHANISM. Plaintiff reserves the right to cite additional laws, regulations, or ordinances that defendants have violated, until such time as this matter proceeds to trial. At that time, plaintiff will request that the court take judicial notice of all applicable laws, statutes, ordinances, rules and/or regulations, which were violated by defendants. 12. Not applicable. 5 of 19 FILED: SUFFOLK COUNTY CLERK 08/29/2023 12:15 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/29/2023 13. Plaintiff objects to this demand as being palpably improper in that it fails to comply with the provisions of CPLR 3043(a). Subject to and without waiving this objection, defendants' defendants are referred to plaintiff's response to combined demands for statements made by defendants. 14. Plaintiff objects to this demand as being palpably improper in that it fails to comply with the provisions of CPLR 3043(a) and as it is overbroad or otherwise beyond the scope of Article 31 of the CPLR. Subject to and without waiving this objection, defendants are defendants' referred to plaintiff's response to combined demands for statements made by defendants and a statement of witnesses. 15. Plaintiff objects to this demand as being palpably improper in that it fails to comply with the provisions of CPLR 3043(a). Subject to and without waiving this objection, defendants' defendants are referred to plaintiff's response to combined demands for a statement of witnesses. 16. Plaintiff objects to this demand as being palpably improper in that it fails to comply with the provisions of CPLR 3043(a). Subject to and without waiving this objection, no other action has been commenced in connection with the occurrence that is the subject of the verified complaint. 17. Plaintiff objects to this demand as being palpably improper in that it fails to comply with the provisions of CPLR 3043(a). Subject to and without waiving this objection, plaintiff is not in possession of any material responsive to this demand. 6 of 19 FILED: SUFFOLK COUNTY CLERK 08/29/2023 12:15 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/29/2023 18. Plaintiff sustained the following injuries and complications that were caused, defendants' contributed to and/or aggravated by the negligence, recklessness and carelessness: - Trauma;* - Thoracic factures;* spine - Fractures of and vertebrae;* T1, T8, T9 - 3 column spine fractures T8-T9;* at - Fracture of spinous process;* T8 - Damage to ligaments T8-T9;* at - Disc bulges and herniations at T6-T7 and T7-T8;* - Spinal canal stenosis at T6-T7 T7-T8;* and - Displaced fracture in the T8-T9 disc originating base, propagating through the inferior T8 vertebral body, and exiting out process;* the T8 spinous - of the T8 vertebra;* Retrolisthesis - vertebra;* Lumbarization of the Sl - cord compression;* Thoracic spinal - T8-T9;* Thoracic spinal cord compression at - Damage to the thoracic spinal cord;* - thoracic spinal cord;* Softening of the - Nerve damage;* - spinal level;* Edema of the cord at the T8 - stenosis;* Spinal canal - nerve roots at the L3-L4 L4-L5 levels;* Compression of cauda equina and - L3-L4 disc bulge and severe facet arthropathy/ligament flavum thickening in severe spinal canal stenosis;* resulting - stenosis;* L3-L4 left and right neuroforaminal - L4-L5 disc bulge and severe facet arthropathy/ligament flavum thickening spinal stenosis;* resulting in severe canal - stenosis;* L4-L5 bilateral neuroforaminal 7 of 19 FILED: SUFFOLK COUNTY CLERK 08/29/2023 12:15 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/29/2023 - L5-S1 disc bulge with effacement of right lateral recess and impingement of S1 nerve root.* - neuroforaminal stenosis;* L5-Sl - Shoulder pain;* - Neck pain;* - pain;* Chest - Back pain;* - Weakness;* - four extremities;* Weakness in all - all four extremities;* Neuropathy involving - region;* Neuropathy involving the lumbar - back neck;* Neuropathy involving the and - extremities;* Decreased range of motion in all four - Weakness decreased range of motion to the spine;* and - Weakness range of motion to the back;* and decreased - range of motion hips;* Weakness and decreased to the - range neck;* Weakness and decreased of motion to the - sensation in all four back and neck;* Decreased extremities, - to the lower bilaterally;* Paralysis extremities, - Hypotonia;* - Fatigue;* - Sepsis; - Septic shock; - incontinence;* Bowel - Neurogenic bowel;* - rectal tone;* Loss of - Bacteremia; - dysfunction;* Multiorgan - Oral dysphagia;* - swallow;* Impaired - Groin and thigh erythema; 8 of 19 FILED: SUFFOLK COUNTY CLERK 08/29/2023 12:15 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/29/2023 - Groin ulceration; - Fournier's gangrene; - Groin cellulitis; - Pleural effusions; - Pneumonia; - Rhabdomyolysis; - Metabolic acidosis; - Tachycardia; - Hypothermia; - Dehydration; - Hypotension; - Hemodynamic instability; - Anemia; - Cyanosis; - Hyponatremia; - Hypokalemia; - Hypercalcemia; - scarring;* Skin abrasions and - Skin breakdown;* - Pressure sores/decubitus ulcers; - injury;* Kidney - Nephropathy;* - Acute tubular necrosis; - to right lateral rectus musculature;* Injury - Need for antibiotics; - Need for foley catheter; - Need for blood thinner/anticoagulant medications; - Need for Heparin and Coumadin; - Need for intubation; - Need for sedation; - Need for respirator/ventilator; 9 of 19 FILED: SUFFOLK COUNTY CLERK 08/29/2023 12:15 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/29/2023 - Respiratory failure; - Fluid volume overload; - Need for blood and platelet transfusions; - balance;* Impaired - Muscle atrophy;* - Decrease muscle tone;* - Need medication;* for pain - Need assistance self-care;* for in - Need for assistance with mobility;* - to drive;* Unable - himself;* Unable to feed - Unable to engage in recreational activities;* - Unable travel;* to - Need assistance management;* for in bowel - dressed;* Impaired ability to get - Need for home care and/or health aides;* nursing home - Need for hospital and care;* medical, facility - earnings;* Lost - income;* Lost - Decreased earnings capacity;* - Decreased vocational opportunities;* - Need assistance;* for vocational - anguish;* Mental - Emotional Distress;* - enjoyment life;* Loss of of - Pain suffering;* and - Required to undergo on 2023 for percutaneous reduction surgery May 12, (1) and pedicle screw fixation of thoracic spine fracture, T6-T11, (2) T8-T9 thoracic laminectomy for decompression of the spinal cord, and (3) intraoperative fluoroscopy for spinal instrumentation; - Surgical placement of hardware, screws and fixations to the thoracic spine;* 10 of 19 FILED: SUFFOLK COUNTY CLERK 08/29/2023 12:15 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/29/2023 - from surgery;* Scarring - Required and continues to require extensive medical treatment, nursing care, imaging studies, physical therapy, rehabilitation therapy, and occupation therapy;* - dependent upon others for assistance with functions of Totally daily living activities, including feeding, toileting, personal hygiene, mobility, bathing, dressing, and cleaning;* cooking, - Plaintiff continues to suffer from