Preview
FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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INEZ GONZALES-CRISPIN, Index No: 158224/2019
Plaintiff,
-against- EXPERT WITNESS
DISCLOSURE
MCDONALD'S CORPORATION, MCDONALD'S
RESTAURANTS OF NEW YORK, INC.,
LAURINO ENTERPRISES, JEL-WB FOOD CORP,
RA-LINE FOODS, INC., CARL J. PONTICELLO as the
Executor of the Estate of SANTO C. PONTICELLO, deceased,
Defendants.
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PLEASE TAKE NOTICE that pursuant to CPLR §3101(d)(1)(i), Defendants,
MCDONALD'S CORPORATION, MCDONALD'S RESTAURANTS OF NEW YORK,
INC., LAURINO ENTERPRISES, and JEL-WB FOOD CORP, by and through their
attorneys, STONBERG HICKMAN & PAVLOFF, LLP, reasonably expect to call Gary K.
Anderson, P.E. of JDA Accident Reconstruction and Traffic Engineering, as an expert witness
at the trial of this case. Mr. Anderson’s office is located at 28 Newark Pompton Turnpike,
Riverdale, NJ 07457.
PLEASE TAKE FURTHER NOTICE that in compliance with CPLR §3101(d)(1)(i) and
in relation to Gary K. Anderson, P.E. of JDA Accident Reconstruction and Traffic Engineering,
the following information is disclosed:
1. The subject matter upon which Gary K. Anderson, P.E. is expected to testify
concerns the allegations that the design of the parking lot abutting the subject McDonald’s
restaurant contributed to the cause of the subject motor vehicle accident.
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NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023
2. The substance of those facts and opinions that it is anticipated that Mr. Anderson
will testify at the time of trial include those contained within his report, dated September 28, 2023,
a copy of which is annexed hereto as Exhibit A, and to refute any facts and/or opinions provided
by any other witnesses in this matter.
3. The summary of the grounds for the opinions to be expressed by Mr. Anderson are
those records and materials contained within his file that include his site inspection, visual
observations, measurements, review of the pleadings, discovery, deposition transcripts,
photographs, and site plan. He will also rely on any testimony provided at trial.
4. In addition to his experience in the field, the qualifications of Mr. Anderson are set
forth in his Curriculum Vitae, which is annexed hereto as Exhibit B.
PLEASE TAKE FURTHER NOTICE that the Defendants reserve their right, in
compliance with CPLR §3101(h), to amend and/or supplement this response in the event additional
facts are obtained and/or additional information is acquired which bears upon the subject testimony
of Gary K. Anderson, P.E.
Dated: New York, New York
October 2, 2023
STONBERG HICKMAN & PAVLOFF, LLP
Attorneys for Defendants
MCDONALD'S CORPORATION
MCDONALD'S RESTAURANTS OF NY, INC.
LAURINO ENTERPRISES
JEL-WB FOOD CORP
__________________________________
Michael L. Stonberg
505 Eighth Avenue, Suite 2302
New York, New York 10018
(212) 231-2220
Our File No: BER 30647
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NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023
SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO P.C.
Attorneys for Plaintiff
1140 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 742-0707
ZACHARY & ZACHARY
Attorneys for Defendant
CARL J. PONTICELLO as the Executor of the Estate of
SANTO C. PONTICELLO, deceased
75 Little Clove Road
Staten Island, New York 10301
(718) 442-2828
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NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023
Exhibit A
4 of 46
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NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023
28 Newark Pompton Tpk.
Riverdale, NJ 07457-1141
g Tel:
Fax:
973.616.9400
973.616.9496
www.jda-inc.com
Accident Reconstruction
and
Traffic Engineering
September 28, 2023
VIA E-MAIL
Michael Stonberg, Esq.
Stonberg Hickman & Pavloff, LLP
505 Eighth Avenue, Suite 2302
New York, NY 10018
Re: Inez Gonzalez Crispin v. McDonal s Corp.
Westbury, NY
D/ A: 07/02/19
Your File No. 30647
JDA No. 6879-20
Dear Mr. Stonberg:
We have completed our analysis of the above-referenced vehicle/pedestrian accident
that occurred within the parking lot of the McDonal s restaurant located at #35 Old
Country Road, Westbury, New York.
The following is a list of materials provided to us for review as part of our analysis:
1. New York State Department of Motor Vehicles, Police Accident Report, (MV104A;
Rev 6/04), case G8K0509Q6NL3, dated July 2, 2019, prepared by Patrolman Patrick
Zummo, badge #9453, of the Nassau County Police Department, three (3) pages
including a not-to-scale crash diagram.
2. Examination Before Trial Transcripts of the following individuals:
a. Sherrick Harris, taken on October 14, 2021.
b. Carl Ponticello, taken on February 28, 2022.
c. John Laurino, taken on August 2, 2022.
d. Ines Gonzalez-Crispin, taken on June 14, 2021.
3. Eight (8) color copies of photographs of the accident scene.
5 of 46
FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023
Re: Inez Gonzalez Crispin v. McDonald's Corp.
Westbury, NY
D/A: 07/02/19
Your File No. 30647
JDA No. 6879-20
Page 2
September 28, 2023
4. Twenty-two (22) color copies of photographs of the accident location.
5. Interior and exterior surveillance video recordings.
Introduction
John Desch Associates was engaged to provide an analysis of this vehicle/pedestrian
collision a 2017 Nissan Sentra which was owned and operated 86-
involving being by
year-old Santo Ponticello, and 36-year-old pedestrian Inez Gonzalez-Crispin. This report
relies upon the information provided as well as our analysis and research in order to
properly analyze the events leading up to the collision and specifically address
allegations that the design of the lot contributed to the cause of this accident.
parking
This report offers our opinions in this matter to a reasonable degree of accident
reconstruction and engineering certainty.
Review of Police Report
The police report was prepared on a standard New York State Department of Motor
Vehicles, Police Accident Report form, MV-104A (rev. 06/04) by police officer Patrick
Zummo, badge #9453, of the Nassau County Police Department. The report indicated
that this vehicle/pedestrian collision occurred on Tuesday, July 2, 2019, at approximately
1250 hrs. or 12:50 p.m., within the parking lot of #35 Old Country Road, in Westbury,
New York. According to the report (Case # G8K0509Q6NL3), 86-year-old Santo
Ponticello owned and was operating a 2017 Nissan Sentra, bearing
New York registration
USC113. Mr. Ponticello was operating the Nissan in the McDonald's parking lot, prior to
the collision. Pedestrian, 36-year-old Ines Gonzalez-Crispin was walking within the
parking lot when the collision occurred. Officer Zummo provided the following
description in his report "MV1 struck wall. MV1 then struck pedestrian. MV1 operator had
complaint of left shoulder and neck pain and was transportedby AMT 6037 AMB 2363 toNUMC.
Pedestrian suffered from multiple fractures and transported by AMT 6037 AMB 2363 to
parked."
Winthrop Hospital. MV1 was left legally The report does not provide any
statements from either Mr. Ponticello, Ms. Gonzalez-Crispin or the two witnesses whose
names are listed in the report.
6 of 46
FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023
Re: Inez Gonzalez Crispin v. McDonal s Corp.
Westbury, NY
D/A: 07/02/19
Your File No. 30647
JDA No. 6879-20
Page 3
September 28, 2023
Surrounding the perimeter of the police report are coded boxes, which are filled in the
by
investigating officer. Utilizing the appropriate police report cover sheet, we were able to
decipher these codes and have determined the information other
following concerning
conditions relative to the roadway, vehicles and environment as relate to the
they
collision event. The character in the lot is described as straight
roadway parking being
"None"
and level. The investigating officer indicated as the traffic controls. The
roadway
surface condition was dry and the weather was listed as cloudy. The collision occurred
during daylight light conditions.
"Backing."
The pre-crash action for the Ponticello Nissan was listed as Under the
apparent contributing factors for Mr. Ponticello, Officer Zummo listed
"Backing
Unsafely."
According to the report, no summonses were issued. The type of accident is
Pedestrian" Wall."
listed as "Collision With and "Collision With Fixed Object Building/
Officer Zummo indicated Mr. Ponticello was conscious and complained of neck pain. Ms.
Gonzalez was semiconscious and describes her injuries as fracture-dislocation to her
entire body.
According to the police report, the point of impact and most damage occurred at the rear
center of the Ponticello Nissan. The not-to-scale crash diagram depicts the Ponticello
Nissan traveling west in reverse, striking the southeast corner of the building. The Nissan
then travels south and collides with Ms. Gonzalez-Crispin, who is walking within the
parking lot.
Several photographs were taken at the accident scene that depict the Ponticello Nissan
stopped in the right lane of Old Country Road, facing north with the front wheels at the
edge of the driveway. It appears Ms. Gonzalez-Crispin is trapped under the vehicle and
several bystanders are standing around. Other photographs show two jacks under the
left side of the vehicle, to extricate Ms. Gonzalez. There is no mention of this
presumably
in the police report. There is also a photograph of an elderly man, presumably Mr.
Ponticello, in a chair in the lot near the corner of the building, with a police
sitting parking
officer and another man standing near him.
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FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023
Re: Inez Gonzalez Crispin v. McDonal s Corp.
Westbury, NY
D/A: 07/02/19
Your File No. 30647
JDA No. 6879-20
Page 4
September 28, 2023
Review of Examinations Before Trial
We have reviewed the Examination Before Trial transcripts that were provided to us. The
information gleaned from these documents was useful in a further
providing
understanding as to the circumstances of this accident. The highlights of these
following
documents are provided. Note that these excerpts are intended to be not all-
illustrative,
inclusive.
Ines Gonzalez-Crispin
Ms. Gonzalez-Crispin was the pedestrian and is the Plaintiff in this matter.
Page 7 At the time of the accident she was living on School Street in Westbury,
New York.
Page 12 The accident took place in the McDonald's parking lot around 12:00.
Page 13 She was at the McDonal s about five minutes before the accident
happened. She went there to use the restroom.
Page 14 She left her house between 11:00 and 11:30. She walked to McDonal s.
Page 15 It took about 30 minutes to walk to McDonald's from her house.
Page 16 She exited the restroom and headed toward the exit door.
Page 17 She would go to McDonald's once a week.
Page 18 She would get to McDonal s by walking. Looking at McDonal s from the
road, she would approach it from the right, coming from her house.
Page 19 Looking at McDonal s from the front, there is a parking lot to the right. "I
McDonald's."
have to cross the parking lot to enter the
Page 20 She exited McDonal s through the door near the restroom.
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FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023
Re: Inez Gonzalez Crispin v. McDonald's Corp.
Westbury, NY
D/A: 07/02/19
Your File No. 30647
JDA No. 6879-20
Page 5
September 28, 2023
Pages 24
- 25
"Well, if the accident rvould not have happened I rvould have realked back the same
rvay. Cross the parking lot. Then after the parking lot I Ivould have zvalked
crossing
rehere people realk through in the direction torvards
usually of heading getting my
juice."
green
Page 26 The first time she saw the vehicle that struck her is when she opened the
door to exit McDonal s. The vehicle was parked. "Then I sa1v in the
parking
standing."
lot a car parked Ivith the door of the vehicle opened and a gentleman
Pages 28
- 27 From the time she saw the vehicle until she was struck the one
by vehicle,
to two minutes passed. The weather was sunny. She was carrying a small
backpack.
"walker"
Page 33 When she exited the McDonal s, she walked on the small strip of
(sidewalk). She stepped off the walker before the accident.
Page 38 She was walking near the parking spaces in the shadow of the golden arches
sign, Old Road, near the parking space closest to the road
facing Country
when she was struck.
side."
Page 39 "When I roas struck I felt it on the side. On my left There were no cars
parked in the two spaces near the golden arches. When she was struck, she
does not know if she was within the parking space itself or outside of the
parking space.
Page 40 "I realked out door. the 1valker (sidewalk). next to
of the Walked off Venj, venj,
the building. Crossed the troo empty lots. I realked very next to it. Because there
rvere cars that rvould go to place their orders. So I crossed the trvo empty spots
by
(sidewalk)."
heading to the other 1valker
Page 45 She does not know if the vehicle struck the red bollard or the McDonal s
building before it struck her.
Page 46 She did not lose consciousness. She does not remember where the vehicle
came to a stop.
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FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023
Re: Inez Gonzalez Crispin v. McDonald's Corp.
Westbury, NY
D/A: 07/02/19
Your File No. 30647
JDA No. 6879-20
Page 6
September 28, 2023
Page 52 Prior to the impact, she did not hear horns or tires screeching.
any beeping
She did not hear any other collisions or people yelling.
Page 53 "I heard a lot of noise reassembling my neck being broken. I heard 1vhat I believe it
was a man, a voice of a man, a man saying stop, stop, there is someone under the
car."
She was dragged by the vehicle. She does not know how far.
Page 55 She does not know how she got out from under the vehicle. She does not
know if there were any witnesses to the collision.
Page 57 "When the car came to a stop I took a very very deep breath and it seemed as if I
didn' body."
t have a She would typically walk to McDonald's. She would
typically cross the parking lot in the same manner that she did on the day
of the accident to get into the McDonald's. When she would exit the
McDonald's she would typically take the same route as she did on the day
of your accident.
Page 58 She never made complaints to anyone at McDonald's with regard to the
parking lot or its condition. She does not know if anyone made any
complaints about the parking lot.
Page 59 She has seen the video of her accident.
Page 60 The video was taken someone with their cell phone. It shows her under
by
the car.
Tohn Laurino
Mr. Laurino is a franchisee of McDonald's, who is a Defendant in this matter.
Page 8 He owns 17 McDonald's franchises, including the location at #35 Old
Country Road, Westbury, New York.
Page 9 He has owned the McDonald's in Westbury for approximately 10 or 11
years.
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NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023
Re: Inez Gonzalez Crispin v. McDonald's Corp.
Westbury, NY
D/ A: 07/02/19
Your File No. 30647
JDA No. 6879-20
Page 7
September 28, 2023
Page 10 They bought the McDonald's location from a previous owner.
Page 12 From the time he purchased the McDonald's up until 2019, there were no
changes made to
Preview
FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X INEZ GONZALES-CRISPIN, Index No: 158224/2019 Plaintiff, -against- EXPERT WITNESS DISCLOSURE MCDONALD'S CORPORATION, MCDONALD'S RESTAURANTS OF NEW YORK, INC., LAURINO ENTERPRISES, JEL-WB FOOD CORP, RA-LINE FOODS, INC., CARL J. PONTICELLO as the Executor of the Estate of SANTO C. PONTICELLO, deceased, Defendants. ---------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to CPLR §3101(d)(1)(i), Defendants, MCDONALD'S CORPORATION, MCDONALD'S RESTAURANTS OF NEW YORK, INC., LAURINO ENTERPRISES, and JEL-WB FOOD CORP, by and through their attorneys, STONBERG HICKMAN & PAVLOFF, LLP, reasonably expect to call Gary K. Anderson, P.E. of JDA Accident Reconstruction and Traffic Engineering, as an expert witness at the trial of this case. Mr. Anderson’s office is located at 28 Newark Pompton Turnpike, Riverdale, NJ 07457. PLEASE TAKE FURTHER NOTICE that in compliance with CPLR §3101(d)(1)(i) and in relation to Gary K. Anderson, P.E. of JDA Accident Reconstruction and Traffic Engineering, the following information is disclosed: 1. The subject matter upon which Gary K. Anderson, P.E. is expected to testify concerns the allegations that the design of the parking lot abutting the subject McDonald’s restaurant contributed to the cause of the subject motor vehicle accident. 1 of 46 FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023 2. The substance of those facts and opinions that it is anticipated that Mr. Anderson will testify at the time of trial include those contained within his report, dated September 28, 2023, a copy of which is annexed hereto as Exhibit A, and to refute any facts and/or opinions provided by any other witnesses in this matter. 3. The summary of the grounds for the opinions to be expressed by Mr. Anderson are those records and materials contained within his file that include his site inspection, visual observations, measurements, review of the pleadings, discovery, deposition transcripts, photographs, and site plan. He will also rely on any testimony provided at trial. 4. In addition to his experience in the field, the qualifications of Mr. Anderson are set forth in his Curriculum Vitae, which is annexed hereto as Exhibit B. PLEASE TAKE FURTHER NOTICE that the Defendants reserve their right, in compliance with CPLR §3101(h), to amend and/or supplement this response in the event additional facts are obtained and/or additional information is acquired which bears upon the subject testimony of Gary K. Anderson, P.E. Dated: New York, New York October 2, 2023 STONBERG HICKMAN & PAVLOFF, LLP Attorneys for Defendants MCDONALD'S CORPORATION MCDONALD'S RESTAURANTS OF NY, INC. LAURINO ENTERPRISES JEL-WB FOOD CORP __________________________________ Michael L. Stonberg 505 Eighth Avenue, Suite 2302 New York, New York 10018 (212) 231-2220 Our File No: BER 30647 2 of 46 FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO P.C. Attorneys for Plaintiff 1140 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 742-0707 ZACHARY & ZACHARY Attorneys for Defendant CARL J. PONTICELLO as the Executor of the Estate of SANTO C. PONTICELLO, deceased 75 Little Clove Road Staten Island, New York 10301 (718) 442-2828 3 of 46 FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023 Exhibit A 4 of 46 FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023 28 Newark Pompton Tpk. Riverdale, NJ 07457-1141 g Tel: Fax: 973.616.9400 973.616.9496 www.jda-inc.com Accident Reconstruction and Traffic Engineering September 28, 2023 VIA E-MAIL Michael Stonberg, Esq. Stonberg Hickman & Pavloff, LLP 505 Eighth Avenue, Suite 2302 New York, NY 10018 Re: Inez Gonzalez Crispin v. McDonal s Corp. Westbury, NY D/ A: 07/02/19 Your File No. 30647 JDA No. 6879-20 Dear Mr. Stonberg: We have completed our analysis of the above-referenced vehicle/pedestrian accident that occurred within the parking lot of the McDonal s restaurant located at #35 Old Country Road, Westbury, New York. The following is a list of materials provided to us for review as part of our analysis: 1. New York State Department of Motor Vehicles, Police Accident Report, (MV104A; Rev 6/04), case G8K0509Q6NL3, dated July 2, 2019, prepared by Patrolman Patrick Zummo, badge #9453, of the Nassau County Police Department, three (3) pages including a not-to-scale crash diagram. 2. Examination Before Trial Transcripts of the following individuals: a. Sherrick Harris, taken on October 14, 2021. b. Carl Ponticello, taken on February 28, 2022. c. John Laurino, taken on August 2, 2022. d. Ines Gonzalez-Crispin, taken on June 14, 2021. 3. Eight (8) color copies of photographs of the accident scene. 5 of 46 FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023 Re: Inez Gonzalez Crispin v. McDonald's Corp. Westbury, NY D/A: 07/02/19 Your File No. 30647 JDA No. 6879-20 Page 2 September 28, 2023 4. Twenty-two (22) color copies of photographs of the accident location. 5. Interior and exterior surveillance video recordings. Introduction John Desch Associates was engaged to provide an analysis of this vehicle/pedestrian collision a 2017 Nissan Sentra which was owned and operated 86- involving being by year-old Santo Ponticello, and 36-year-old pedestrian Inez Gonzalez-Crispin. This report relies upon the information provided as well as our analysis and research in order to properly analyze the events leading up to the collision and specifically address allegations that the design of the lot contributed to the cause of this accident. parking This report offers our opinions in this matter to a reasonable degree of accident reconstruction and engineering certainty. Review of Police Report The police report was prepared on a standard New York State Department of Motor Vehicles, Police Accident Report form, MV-104A (rev. 06/04) by police officer Patrick Zummo, badge #9453, of the Nassau County Police Department. The report indicated that this vehicle/pedestrian collision occurred on Tuesday, July 2, 2019, at approximately 1250 hrs. or 12:50 p.m., within the parking lot of #35 Old Country Road, in Westbury, New York. According to the report (Case # G8K0509Q6NL3), 86-year-old Santo Ponticello owned and was operating a 2017 Nissan Sentra, bearing New York registration USC113. Mr. Ponticello was operating the Nissan in the McDonald's parking lot, prior to the collision. Pedestrian, 36-year-old Ines Gonzalez-Crispin was walking within the parking lot when the collision occurred. Officer Zummo provided the following description in his report "MV1 struck wall. MV1 then struck pedestrian. MV1 operator had complaint of left shoulder and neck pain and was transportedby AMT 6037 AMB 2363 toNUMC. Pedestrian suffered from multiple fractures and transported by AMT 6037 AMB 2363 to parked." Winthrop Hospital. MV1 was left legally The report does not provide any statements from either Mr. Ponticello, Ms. Gonzalez-Crispin or the two witnesses whose names are listed in the report. 6 of 46 FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023 Re: Inez Gonzalez Crispin v. McDonal s Corp. Westbury, NY D/A: 07/02/19 Your File No. 30647 JDA No. 6879-20 Page 3 September 28, 2023 Surrounding the perimeter of the police report are coded boxes, which are filled in the by investigating officer. Utilizing the appropriate police report cover sheet, we were able to decipher these codes and have determined the information other following concerning conditions relative to the roadway, vehicles and environment as relate to the they collision event. The character in the lot is described as straight roadway parking being "None" and level. The investigating officer indicated as the traffic controls. The roadway surface condition was dry and the weather was listed as cloudy. The collision occurred during daylight light conditions. "Backing." The pre-crash action for the Ponticello Nissan was listed as Under the apparent contributing factors for Mr. Ponticello, Officer Zummo listed "Backing Unsafely." According to the report, no summonses were issued. The type of accident is Pedestrian" Wall." listed as "Collision With and "Collision With Fixed Object Building/ Officer Zummo indicated Mr. Ponticello was conscious and complained of neck pain. Ms. Gonzalez was semiconscious and describes her injuries as fracture-dislocation to her entire body. According to the police report, the point of impact and most damage occurred at the rear center of the Ponticello Nissan. The not-to-scale crash diagram depicts the Ponticello Nissan traveling west in reverse, striking the southeast corner of the building. The Nissan then travels south and collides with Ms. Gonzalez-Crispin, who is walking within the parking lot. Several photographs were taken at the accident scene that depict the Ponticello Nissan stopped in the right lane of Old Country Road, facing north with the front wheels at the edge of the driveway. It appears Ms. Gonzalez-Crispin is trapped under the vehicle and several bystanders are standing around. Other photographs show two jacks under the left side of the vehicle, to extricate Ms. Gonzalez. There is no mention of this presumably in the police report. There is also a photograph of an elderly man, presumably Mr. Ponticello, in a chair in the lot near the corner of the building, with a police sitting parking officer and another man standing near him. 7 of 46 FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023 Re: Inez Gonzalez Crispin v. McDonal s Corp. Westbury, NY D/A: 07/02/19 Your File No. 30647 JDA No. 6879-20 Page 4 September 28, 2023 Review of Examinations Before Trial We have reviewed the Examination Before Trial transcripts that were provided to us. The information gleaned from these documents was useful in a further providing understanding as to the circumstances of this accident. The highlights of these following documents are provided. Note that these excerpts are intended to be not all- illustrative, inclusive. Ines Gonzalez-Crispin Ms. Gonzalez-Crispin was the pedestrian and is the Plaintiff in this matter. Page 7 At the time of the accident she was living on School Street in Westbury, New York. Page 12 The accident took place in the McDonald's parking lot around 12:00. Page 13 She was at the McDonal s about five minutes before the accident happened. She went there to use the restroom. Page 14 She left her house between 11:00 and 11:30. She walked to McDonal s. Page 15 It took about 30 minutes to walk to McDonald's from her house. Page 16 She exited the restroom and headed toward the exit door. Page 17 She would go to McDonald's once a week. Page 18 She would get to McDonal s by walking. Looking at McDonal s from the road, she would approach it from the right, coming from her house. Page 19 Looking at McDonal s from the front, there is a parking lot to the right. "I McDonald's." have to cross the parking lot to enter the Page 20 She exited McDonal s through the door near the restroom. 8 of 46 FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023 Re: Inez Gonzalez Crispin v. McDonald's Corp. Westbury, NY D/A: 07/02/19 Your File No. 30647 JDA No. 6879-20 Page 5 September 28, 2023 Pages 24 - 25 "Well, if the accident rvould not have happened I rvould have realked back the same rvay. Cross the parking lot. Then after the parking lot I Ivould have zvalked crossing rehere people realk through in the direction torvards usually of heading getting my juice." green Page 26 The first time she saw the vehicle that struck her is when she opened the door to exit McDonal s. The vehicle was parked. "Then I sa1v in the parking standing." lot a car parked Ivith the door of the vehicle opened and a gentleman Pages 28 - 27 From the time she saw the vehicle until she was struck the one by vehicle, to two minutes passed. The weather was sunny. She was carrying a small backpack. "walker" Page 33 When she exited the McDonal s, she walked on the small strip of (sidewalk). She stepped off the walker before the accident. Page 38 She was walking near the parking spaces in the shadow of the golden arches sign, Old Road, near the parking space closest to the road facing Country when she was struck. side." Page 39 "When I roas struck I felt it on the side. On my left There were no cars parked in the two spaces near the golden arches. When she was struck, she does not know if she was within the parking space itself or outside of the parking space. Page 40 "I realked out door. the 1valker (sidewalk). next to of the Walked off Venj, venj, the building. Crossed the troo empty lots. I realked very next to it. Because there rvere cars that rvould go to place their orders. So I crossed the trvo empty spots by (sidewalk)." heading to the other 1valker Page 45 She does not know if the vehicle struck the red bollard or the McDonal s building before it struck her. Page 46 She did not lose consciousness. She does not remember where the vehicle came to a stop. 9 of 46 FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023 Re: Inez Gonzalez Crispin v. McDonald's Corp. Westbury, NY D/A: 07/02/19 Your File No. 30647 JDA No. 6879-20 Page 6 September 28, 2023 Page 52 Prior to the impact, she did not hear horns or tires screeching. any beeping She did not hear any other collisions or people yelling. Page 53 "I heard a lot of noise reassembling my neck being broken. I heard 1vhat I believe it was a man, a voice of a man, a man saying stop, stop, there is someone under the car." She was dragged by the vehicle. She does not know how far. Page 55 She does not know how she got out from under the vehicle. She does not know if there were any witnesses to the collision. Page 57 "When the car came to a stop I took a very very deep breath and it seemed as if I didn' body." t have a She would typically walk to McDonald's. She would typically cross the parking lot in the same manner that she did on the day of the accident to get into the McDonald's. When she would exit the McDonald's she would typically take the same route as she did on the day of your accident. Page 58 She never made complaints to anyone at McDonald's with regard to the parking lot or its condition. She does not know if anyone made any complaints about the parking lot. Page 59 She has seen the video of her accident. Page 60 The video was taken someone with their cell phone. It shows her under by the car. Tohn Laurino Mr. Laurino is a franchisee of McDonald's, who is a Defendant in this matter. Page 8 He owns 17 McDonald's franchises, including the location at #35 Old Country Road, Westbury, New York. Page 9 He has owned the McDonald's in Westbury for approximately 10 or 11 years. 10 of 46 FILED: NEW YORK COUNTY CLERK 10/02/2023 11:52 AM INDEX NO. 158224/2019 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 10/02/2023 Re: Inez Gonzalez Crispin v. McDonald's Corp. Westbury, NY D/ A: 07/02/19 Your File No. 30647 JDA No. 6879-20 Page 7 September 28, 2023 Page 10 They bought the McDonald's location from a previous owner. Page 12 From the time he purchased the McDonald's up until 2019, there were no changes made to