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FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
A.C., an infant by her mother and natural guardian, RESPONSE TO
MARTHA FLORES, MARVIN FLORES MADRID, and COMBINED DEMANDS
MARTHA FLORES, Individually, FOR DISCOVERY AND
INSPECTION
Plaintiff(s),
Index No: 619895/23
-against-
MANUEL COTO OLIVA,
Defendant(s),
Defendant, Manuel D. Coto-Oliva, by his counsel, James F. Butler & Associates, sets forth
the following in response to the plaintiff-on-the-counterclaims’ Combined Demand for Discovery
and Inspection dated October 19, 2023:
1. DEMAND FOR INDEX NUMBER: 619895/2023.
2. DEMAND FOR ALL PARTIES APPEARING: Names and addresses of all parties
appearing in this action are listed below.
3. DEMAND FOR PRIOR PROCEEDINGS PREVIOUSLY SERVED:
1. Copy of the plaintiffs’ Summons and Complaint, Defendant’s Answer,
RJI/Preliminary Conference Request can be uploaded from NYSCEF. Attached is
a copy of the plaintiff’s Bill of Particulars, Response to Demands and duly executed
authorizations. Copies of all medical records are to be provided by the plaintiffs’
counsel.
2. Transcripts of examinations before trial heretofore conducted: The Examina-
tions Before Trial will be held as indicated in a So Ordered Preliminary Conference
Order.
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3. Bill of Particulars: See attached.
4. Medical report and hospital records submitted by plaintiffs: Copies of all med-
ical reports and hospital records are to be furnished by the plaintiffs’ counsel.
5. Medical reports of any physical examination conducted of the plaintiff on be-
half of the defendant: The independent medical examinations of the plaintiffs will
be held after receipt of all necessary discovery materials and after Examinations
Before Trial have been held in this matter or as indicated in a So Ordered Prelimi-
nary Conference Stipulation and Order.
6. Notice to Admit: None.
7. Notices for Discovery and Inspection and all papers supplied in response: Re-
fer to response numbered 3, above.
8. Calendar papers, including and not limited to, trial notes of issue, nor notices
for trial, certificate or statements of readiness, request for judicial interven-
tion, preliminary conference order and outstanding motions: None.
9. DEMAND FOR INSURANCE COVERAGE TO PLAINTIFF ON THE
COUNTERCLAIM AND/OR CO-DEFENDANT: Insurance Disclosure Pursuant to CPLR
3101(f)(1)-(3) and CPLR 3122-b, to be provided under separate cover.
10. WITNESSES: Defendant is not presently aware of any witnesses to the occurrence
except the parties thereto and those listed on the police report. The defendant reserves the right to
produce any witnesses that may be learned subsequent to investigation at the time of trial of this
action.
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11. EXPERT WITNESSES: Defendant has not presently retained the services of any ex-
pert witnesses. If and when an expert is retained, expert disclosure will be provided pursuant to
CPLR 3101(d).
12. ACCIDENT REPORT: None prepared in the course of business by defendant.
13. ADVERSE PARTY STATEMENT: Defendant is not presently in possession of any
adverse party statements.
14. PHOTOGRAPHS: The defendant is not presently in possession of any photographs.
Defendant reserves the right to serve photographs should they be obtained prior to trial of this
action.
15. TAX RETURNS: To be provided by plaintiffs’ attorney.
16. DEMAND FOR SCHOOL AUTHORIZATIONS: To be provided by plaintiffs’ at-
torney.
17. DEMAND FOR EMPLOYMENT AUTHORIZATIONS: To be provided by plain-
tiffs’ attorney.
18. DEMAND FOR NO-FAULT FILE: To be provided by plaintiffs’ attorney.
19. DEMAND FOR WORKERS COMPENSATION RECORDS: To be provided by
plaintiffs’ attorney.
20. DEMAND FOR DISABILITY RECORDS: To be provided by plaintiffs’ attorney.
21. DEMAND FOR INFORMATION ON COLLATERAL SOURCE: To be provided
by plaintiffs’ attorney.
22. DEMAND FOR MEDICAL INFORMATION: To be provided by plaintiffs’ attor-
ney.
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The defendant reserves the right to supplement this Response if and when additional infor-
mation becomes available up until the time of trial.
Dated: Jericho, New York
January 17, 2024
Sincerely,
SACCO & FILLAS, LLP. JAMES F. BUTLER & ASSOCIATES
Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s)
Martha Flores, A C , Marvin Manuel D. Coto-Oliva
Flores-Madrid P. O. Box 9040
31-19 Newtown Avenue 300 Jericho Quadrangle, Suite 260
Seventh Floor Jericho, NY 11753
Astoria, NY 11102 (516) 229-6000
(718) 746-3440 File Number: 23NEWY36799
Claim Number: 32-52N4-20C
GENTILE & TAMBASCO
Attorney(s) for Plaintiff(s)-on-the-counterclaim
Marvin Flores-Madrid
2 Huntington Quadrangle
Suite 1N01
Melville, NY 11747
(631) 760-0900
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No.: 619895/2023
A.C., an infant by her mother and natural guardian,
MARTHA FLORES, MARVIN FLORES MADRID,
and MARTHA FLORES, Individually, VERIFIED BILL OF
PARTICULARS
Plaintiffs,
-against-
MANUEL COTO OLIVA,
Defendant.
Plaintiffs, by their attorneys, SACCO & FILLAS, LLP, in response to the demands of
defendant, MANUEL COTO OLIVA, for a Bill of Particulars, alleges as follows:
1. Plaintiffs are not known by any other names.
2. The occurrence took place on July 8, 2023, at approximately 11:45 a.m.
3. The defendant, MANUEL COTO OLIVA, was careless and negligent in the ownership,
operation, management, control, leasing, supervision, inspection, maintenance and repair of his
motor vehicle; in operating the said vehicle at a rate of speed greater than was reasonable and proper
at the time and place of the accident; in negligently proceeding through a stop sign; in failing to
stop for the stop sign at the location of this occurrence; in failing to observe the stop sign at the
location of this.occurrence in traveling through a stop sign at the location of this occurrence when
it was not safe to do so; in losing control of the said motor vehicle; in failing to keep a proper
lookout along the roadway; failed and neglected to properly and adequately slow, stop or otherwise
decrease the speed of his motor vehicle so as to avoid the occurrence, although he could have done
so; failed and neglected to decrease the speed of his motor vehicle when approaching an
intersection; operated his motor vehicle at an unreasonable and improper rate of speed under the
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circumstances then and there prevailing; in failing to avoid the accident complained of although
there was a reasonable opportunity to do so; in failing to observe traffic and driving conditions
existing at the place and time of the accident complained of; in striking the Plaintiff s vehicle in the
rear; in failing to operate the motor vehicle with that degree of care and caution necessary under
said traffic and driving conditions; in failing to properly steer, guide, and manage and control of
said motor vehicle; in failing to properly sound the horn or otherwise warn Plaintiff of impending
danger; in failing to have adequate and timely signal, notice or warning; in operating the said motor
vehicle without due regard to the rights and safety of other persons, and especially for the safety of
Plaintiff herein; in failing to stop, steer or otherwise avoid the subject accident; in failing to timely
apply the brakes or slow down or stop in such manner so as to avoid said accident; in failing to
properly operate the steering mechanism of the said motor vehicle so as to avoid said accident; in
failing to have made adequate and timely observations of and response to conditions; in failing to
observe signs and signals prevailing the time and place of accident; in failing to keep an adequate,
proper and safe distance between their motor vehicles, and the Plaintiff's vehicle and/or person; in
failing to keep from striking Plaintiff's vehicle and/or person; in causing injury to the Plaintiff
herein; in failing to keep Plaintiff herein free from injury; in failing to keep the said motor vehicle
in proper operating condition; in failing to inspect said vehicle in proper operating conditions; in
failing to inspect said vehicle for defects and/or deficiencies; 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 and in violation all applicable
laws, statutes, rules, regulations and ordinances then and therein effect and existing at the place and
time of the accident complained of; and in otherwise being careless and negligent in the ownership,
operation, control, management, leasing, supervision, inspection, maintenance and repair of the
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said motor vehicle.
4. Defendant, MANUEL COTO OLIVA, violated all applicable sections of the New York
State Vehicle and Traffic Law and the New York City Traffic Rules and Regulations concerning the
safe and proper operation of a motor vehicle upon the public ways and streets ofthe State ofNew York
including but not limited to Vehicle and Traffic Law §§ 1101, 1102, 1105, 1110, 1111, 1113, 1115,
1120, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1140, 1141, 1142, 1143, 1144, 1145,
1180-
1146, 1160, 1161, 1162, 1163, 1164, 1166, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1180,
a, 1181, 1182, 1190, 1192, 1200, 1201, 1202, 1203, 1203-b, 1210, 1211, 1223, 1225, 1225-a, 1226,
1227, 1228, 1229-b, 1229-c, 1250, 1251, 1252, and 1253 of the Vehicle and Traffic Laws of the
State of New York and Sections 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, along with all other applicable Statutes, Ordinances, Rules
and Regulations that the Court will take Judicial Notice at the time of trial.
5. The plaintiff, MARVIN FLORES MADRID, sustained the following personal and
permanent injuries which were caused, accelerated, precipitated, aggravated, exacerbated or
otherwise enhanced by the defendant's negligence:
CERVICAL SPINE:
" Central disc herniation at the C5-C6 level;
" Cervicalgia;
" Cervical myalgia;
" Subluxation of cervical vertebrae;
" Tenderness at posterior midline;
" Restricted movement and stiffness;
" Spasm;
" Restricted range of motion;
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" Need for future surgical intervention;
As a result of said injuries the plaintiff necessitated the following surgical intervention:
Cervical trigger point injections (4) performed by Maxim Tyorkin, MD on July 14, 2023
THORACIC SPINE:
" Thoracic disc herniations at T6-T7, T7-T8 and T8-T9
" T6-T7 disc herniation upon the thecal sac and upon the thoracic
impressing impinging
cord;
" T7-T8 disc herniation upon the thecal sac and upon the ventral cord
impressing impinging
surface resulting in mild to moderate central stenosis and left lateral recess compression;
" T8-T9 central disc herniation the thecal sac;
flattening
" Subluxation of the thoracic vertebrae;
" Spasm and stiffness;
" Restricted range of motion;
LUMBAR SPINE:
" L5-S1 disc herniation with annular tear impinging upon the right S1 nerve roots;
"
Radiculopathy
" Subluxation of lumbar vertebrae;
" Spasm and stiffness;
" Restricted range of motion;
LEFT ARM
" Forearm abrasion;
" Internal derangement;
" Permanent scarring;
" Restricted range of motion; .
RIGHT ARM:
" Internal derangement;
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" Restricted range of motion;
LEFT ELBOW:
" Tenderness at the medial epicondyle;
" Joint derangement;
" Restricted range of motion;
LEFT KNEE:
" Internal derangement;
" Effusion;
" Tenderness at joint line;
" Restricted range of motion;
LEFT ANKLE:
" Chronic thickening/scarring of the plantar fascia central cord;
" Joint derangement;
" Moderate constant pain;
" Restricted range of motion;
LEFT FOOT:
" Intermittent mild to moderate numbness;
" Restricted range of motion;
HEAD:
" Dizziness;
" Nausea;
" Forehead pain and abrasion;
" Permanent scarring to the forehead;
" Post traumatic headaches;
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" Blurred vision;
" Concussion;
Plaintiff reserves the right to supplement additional injuries.
The infant plaintiff, A.C., sustained the following personal and permanent injuries
which were caused, accelerated, precipitated, aggravated, exacerbated or otherwise enhanced by
the defendant's negligence:
HEAD:
" Right maxillary sinus mucus retention cyst
" Headaches
" Pressure to eyes with blurriness
CERVICAL SPINE:
" of the usual cervical lordosis
Straightening
" Cervicalgia
" Subluxation of cervical vertebrae
" Restricted movement and stiffness
" Burning, sharp, shooting, and pain
stabbing throbbing
" Trigger points
" Positive Bakody's sign on the right
" positive Jackson Compression Test
Bilaterally
" positive shoulder depression test
Bilaterally
" Bilaterally positive maximum cervical compression test
" Positive Valsalva test
" Tenderness at posterior midline
" Muscular spasm
" Trigger points noted
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" Restricted range of motion
THORACIC SPINE:
" Subluxation of thoracic vertebrae
" Restricted movement, stiffness and spasms
" Burning, and pain
sharp throbbing
" Trigger points
" Decreased kyphosis
LUMBAR SPINE:
" Mild lumbar levoscoliosis
" Subluxation of lumbar vertebrae
" Restricted movement and stiffness
" Burning, sharp, pulsating, and pain
stabbing throbbing
" Trigger points
" positive hyperextension test
Bilaterally
" positive Kemp's test
Bilaterally
" Positive Yeoman's test on the right
" Muscular spasm
" Trigger points noted
" Restricted range of motion
LEFT SHOULDER:
" Subacromial subdeltoid bursitis
" Intermittent moderate pain
" Trigger points
RIGHT SHOULDER:
" Subacromial subdeltoid bursitis
" Joint derangement
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" Intermittent moderate pain
" Trigger points
" Positive impingement sign
LEFT KNEE:
" Intermittent moderate pain
RIGHT KNEE:
" Posterior based lesion in the distal femoral shaft 2.2 x 1.3 x 3.1cm
cortically measuring
mild perilesional bone marrow edema
" Internal derangement
" Intermittent moderate pain
" Antalgic gait
" Effusion
" Positive patellar test
grinding
" Tenderness at joint line
Plaintiff reserves the right to supplement additional injuries.
In order to negate needless duplication, the plaintiff incorporates by reference the
physicians'
hospital records and reports to be served in conjunction with the medical exchange
rules insofar as the contents thereof are admissible in evidence at the trial of this action, and to the
extent it is consistent with the injuries alleged in the Bill of Particulars.
All of the foregoing injuries are with involvement of the surrounding muscles, bones,
ligaments, tendons, nerves, both venous and arterial, fascia and other soft parts in said regions, and
with pain, deformity and disability. Said injuries, upon information and belief, are permanent and
protracted in nature.
6. Length of time Plaintiffs were confined to:
a) Hospital: Infant Plaintiff, A.C. and Plaintiff, Marvin Flores Madrid were both
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confined to Huntington Hospital, 270 Park Avenue, Huntington, NY 11743 for one
(1) day.
b) Bed: Plaintiff, Marvin Flores Madrid, was confined to bed for nine (9) days and
intermittently thereafter . The infant plaintiff, A.C., was confined to home and/or
bed, for the most part, except for necessary hospital and medical treatment, for a
period of approximately five months and continuing and remains substantially
partially disabled to date, and that substantial partial disability is deemed
permanent.
c) Home: Please see Paragraph "6b", supra.
d) Totally Disabled: Plaintiffs were totally disabled following the accident.
e) Partially disabled: Plaintiffs remain partially disabled to date, and that substantial
partial disability is deemed permanent.
7. Plaintiff occupation information:
Marvin Flores Madrid: occupation- medical biller
a) Plaintiff,
i) Employer: Geico Insurance Company
ii) Address: 2 Huntington Quadrangle, Melville, NY 11747
iii) Direct supervisor: Vincent Intrieri
iv) Incapacitated: nine (9) days
v) Rate of pay: $22.01 an hour
vi) Total loss of earnings claimed: $1,584.72
Infant A.C.: occupation- student
b) Plaintiff,
i) Name and address: Walt Whitman High School, 301 W Hills Road,
Huntington Station, NY 11746
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ii) Dates unable to attend school: not applicable, school was not in session at
the time of the accident.
8. The Plaintiffs incurred the following special damages:
Physician's services - $50,000.00 and Submitted to No-Fault Carrier
a) Approximately
for payment;
Medical supplies - Submitted to No-Fault Carrier for
b) payment;
Hospital charges - included in a. above; Submitted to No-Fault Carrier for
c) payment;
expenses - Submitted to No-Fault Carrier for
d) X-Ray payment;
Nurses' -
e) services Submitted to No-Fault Carrier for payment;
Loss of eamings - Submitted to No-Fault Carrier for payment
f)
Other - future medical expenses: $50,000.00
g)
Plaintiff reserves the right to prove additional other special damage at the time of trial in
the event costs are continuing.
9. Plaintiff information:
a) Infant plaintiff, A.C. resides at 132 E 11th Street, Huntington Station, NY 11746. Her
date of birth is Plaintiff objects to this demand for a social security
number as privileged, as an interrogatory, as not designated to amplify the pleadings,
and also to the disclosure of such information in a filing to be publicly filed, due to the
danger of identity theft Notwithstanding such objection, the last four digits of infant
Plaintiff's social security number is
b) Plaintiff, Marvin Flores Madrid, resides at 132 E 11th Street, Huntington Station, NY
11746. His
Preview
FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK A.C., an infant by her mother and natural guardian, RESPONSE TO MARTHA FLORES, MARVIN FLORES MADRID, and COMBINED DEMANDS MARTHA FLORES, Individually, FOR DISCOVERY AND INSPECTION Plaintiff(s), Index No: 619895/23 -against- MANUEL COTO OLIVA, Defendant(s), Defendant, Manuel D. Coto-Oliva, by his counsel, James F. Butler & Associates, sets forth the following in response to the plaintiff-on-the-counterclaims’ Combined Demand for Discovery and Inspection dated October 19, 2023: 1. DEMAND FOR INDEX NUMBER: 619895/2023. 2. DEMAND FOR ALL PARTIES APPEARING: Names and addresses of all parties appearing in this action are listed below. 3. DEMAND FOR PRIOR PROCEEDINGS PREVIOUSLY SERVED: 1. Copy of the plaintiffs’ Summons and Complaint, Defendant’s Answer, RJI/Preliminary Conference Request can be uploaded from NYSCEF. Attached is a copy of the plaintiff’s Bill of Particulars, Response to Demands and duly executed authorizations. Copies of all medical records are to be provided by the plaintiffs’ counsel. 2. Transcripts of examinations before trial heretofore conducted: The Examina- tions Before Trial will be held as indicated in a So Ordered Preliminary Conference Order. 1 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 3. Bill of Particulars: See attached. 4. Medical report and hospital records submitted by plaintiffs: Copies of all med- ical reports and hospital records are to be furnished by the plaintiffs’ counsel. 5. Medical reports of any physical examination conducted of the plaintiff on be- half of the defendant: The independent medical examinations of the plaintiffs will be held after receipt of all necessary discovery materials and after Examinations Before Trial have been held in this matter or as indicated in a So Ordered Prelimi- nary Conference Stipulation and Order. 6. Notice to Admit: None. 7. Notices for Discovery and Inspection and all papers supplied in response: Re- fer to response numbered 3, above. 8. Calendar papers, including and not limited to, trial notes of issue, nor notices for trial, certificate or statements of readiness, request for judicial interven- tion, preliminary conference order and outstanding motions: None. 9. DEMAND FOR INSURANCE COVERAGE TO PLAINTIFF ON THE COUNTERCLAIM AND/OR CO-DEFENDANT: Insurance Disclosure Pursuant to CPLR 3101(f)(1)-(3) and CPLR 3122-b, to be provided under separate cover. 10. WITNESSES: Defendant is not presently aware of any witnesses to the occurrence except the parties thereto and those listed on the police report. The defendant reserves the right to produce any witnesses that may be learned subsequent to investigation at the time of trial of this action. 2 2 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 11. EXPERT WITNESSES: Defendant has not presently retained the services of any ex- pert witnesses. If and when an expert is retained, expert disclosure will be provided pursuant to CPLR 3101(d). 12. ACCIDENT REPORT: None prepared in the course of business by defendant. 13. ADVERSE PARTY STATEMENT: Defendant is not presently in possession of any adverse party statements. 14. PHOTOGRAPHS: The defendant is not presently in possession of any photographs. Defendant reserves the right to serve photographs should they be obtained prior to trial of this action. 15. TAX RETURNS: To be provided by plaintiffs’ attorney. 16. DEMAND FOR SCHOOL AUTHORIZATIONS: To be provided by plaintiffs’ at- torney. 17. DEMAND FOR EMPLOYMENT AUTHORIZATIONS: To be provided by plain- tiffs’ attorney. 18. DEMAND FOR NO-FAULT FILE: To be provided by plaintiffs’ attorney. 19. DEMAND FOR WORKERS COMPENSATION RECORDS: To be provided by plaintiffs’ attorney. 20. DEMAND FOR DISABILITY RECORDS: To be provided by plaintiffs’ attorney. 21. DEMAND FOR INFORMATION ON COLLATERAL SOURCE: To be provided by plaintiffs’ attorney. 22. DEMAND FOR MEDICAL INFORMATION: To be provided by plaintiffs’ attor- ney. 3 3 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 The defendant reserves the right to supplement this Response if and when additional infor- mation becomes available up until the time of trial. Dated: Jericho, New York January 17, 2024 Sincerely, SACCO & FILLAS, LLP. JAMES F. BUTLER & ASSOCIATES Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s) Martha Flores, A C , Marvin Manuel D. Coto-Oliva Flores-Madrid P. O. Box 9040 31-19 Newtown Avenue 300 Jericho Quadrangle, Suite 260 Seventh Floor Jericho, NY 11753 Astoria, NY 11102 (516) 229-6000 (718) 746-3440 File Number: 23NEWY36799 Claim Number: 32-52N4-20C GENTILE & TAMBASCO Attorney(s) for Plaintiff(s)-on-the-counterclaim Marvin Flores-Madrid 2 Huntington Quadrangle Suite 1N01 Melville, NY 11747 (631) 760-0900 4 4 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 619895/2023 A.C., an infant by her mother and natural guardian, MARTHA FLORES, MARVIN FLORES MADRID, and MARTHA FLORES, Individually, VERIFIED BILL OF PARTICULARS Plaintiffs, -against- MANUEL COTO OLIVA, Defendant. Plaintiffs, by their attorneys, SACCO & FILLAS, LLP, in response to the demands of defendant, MANUEL COTO OLIVA, for a Bill of Particulars, alleges as follows: 1. Plaintiffs are not known by any other names. 2. The occurrence took place on July 8, 2023, at approximately 11:45 a.m. 3. The defendant, MANUEL COTO OLIVA, was careless and negligent in the ownership, operation, management, control, leasing, supervision, inspection, maintenance and repair of his motor vehicle; in operating the said vehicle at a rate of speed greater than was reasonable and proper at the time and place of the accident; in negligently proceeding through a stop sign; in failing to stop for the stop sign at the location of this occurrence; in failing to observe the stop sign at the location of this.occurrence in traveling through a stop sign at the location of this occurrence when it was not safe to do so; in losing control of the said motor vehicle; in failing to keep a proper lookout along the roadway; failed and neglected to properly and adequately slow, stop or otherwise decrease the speed of his motor vehicle so as to avoid the occurrence, although he could have done so; failed and neglected to decrease the speed of his motor vehicle when approaching an intersection; operated his motor vehicle at an unreasonable and improper rate of speed under the SACCO& FILLAS,LLP 5 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 circumstances then and there prevailing; in failing to avoid the accident complained of although there was a reasonable opportunity to do so; in failing to observe traffic and driving conditions existing at the place and time of the accident complained of; in striking the Plaintiff s vehicle in the rear; in failing to operate the motor vehicle with that degree of care and caution necessary under said traffic and driving conditions; in failing to properly steer, guide, and manage and control of said motor vehicle; in failing to properly sound the horn or otherwise warn Plaintiff of impending danger; in failing to have adequate and timely signal, notice or warning; in operating the said motor vehicle without due regard to the rights and safety of other persons, and especially for the safety of Plaintiff herein; in failing to stop, steer or otherwise avoid the subject accident; in failing to timely apply the brakes or slow down or stop in such manner so as to avoid said accident; in failing to properly operate the steering mechanism of the said motor vehicle so as to avoid said accident; in failing to have made adequate and timely observations of and response to conditions; in failing to observe signs and signals prevailing the time and place of accident; in failing to keep an adequate, proper and safe distance between their motor vehicles, and the Plaintiff's vehicle and/or person; in failing to keep from striking Plaintiff's vehicle and/or person; in causing injury to the Plaintiff herein; in failing to keep Plaintiff herein free from injury; in failing to keep the said motor vehicle in proper operating condition; in failing to inspect said vehicle in proper operating conditions; in failing to inspect said vehicle for defects and/or deficiencies; 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 and in violation all applicable laws, statutes, rules, regulations and ordinances then and therein effect and existing at the place and time of the accident complained of; and in otherwise being careless and negligent in the ownership, operation, control, management, leasing, supervision, inspection, maintenance and repair of the SACCO& FILLAS,LLP 6 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 said motor vehicle. 4. Defendant, MANUEL COTO OLIVA, violated all applicable sections of the New York State Vehicle and Traffic Law and the New York City Traffic Rules and Regulations concerning the safe and proper operation of a motor vehicle upon the public ways and streets ofthe State ofNew York including but not limited to Vehicle and Traffic Law §§ 1101, 1102, 1105, 1110, 1111, 1113, 1115, 1120, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1140, 1141, 1142, 1143, 1144, 1145, 1180- 1146, 1160, 1161, 1162, 1163, 1164, 1166, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1180, a, 1181, 1182, 1190, 1192, 1200, 1201, 1202, 1203, 1203-b, 1210, 1211, 1223, 1225, 1225-a, 1226, 1227, 1228, 1229-b, 1229-c, 1250, 1251, 1252, and 1253 of the Vehicle and Traffic Laws of the State of New York and Sections 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, along with all other applicable Statutes, Ordinances, Rules and Regulations that the Court will take Judicial Notice at the time of trial. 5. The plaintiff, MARVIN FLORES MADRID, sustained the following personal and permanent injuries which were caused, accelerated, precipitated, aggravated, exacerbated or otherwise enhanced by the defendant's negligence: CERVICAL SPINE: " Central disc herniation at the C5-C6 level; " Cervicalgia; " Cervical myalgia; " Subluxation of cervical vertebrae; " Tenderness at posterior midline; " Restricted movement and stiffness; " Spasm; " Restricted range of motion; SACCO&FILLAS, LLP 7 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 " Need for future surgical intervention; As a result of said injuries the plaintiff necessitated the following surgical intervention: Cervical trigger point injections (4) performed by Maxim Tyorkin, MD on July 14, 2023 THORACIC SPINE: " Thoracic disc herniations at T6-T7, T7-T8 and T8-T9 " T6-T7 disc herniation upon the thecal sac and upon the thoracic impressing impinging cord; " T7-T8 disc herniation upon the thecal sac and upon the ventral cord impressing impinging surface resulting in mild to moderate central stenosis and left lateral recess compression; " T8-T9 central disc herniation the thecal sac; flattening " Subluxation of the thoracic vertebrae; " Spasm and stiffness; " Restricted range of motion; LUMBAR SPINE: " L5-S1 disc herniation with annular tear impinging upon the right S1 nerve roots; " Radiculopathy " Subluxation of lumbar vertebrae; " Spasm and stiffness; " Restricted range of motion; LEFT ARM " Forearm abrasion; " Internal derangement; " Permanent scarring; " Restricted range of motion; . RIGHT ARM: " Internal derangement; SACCO& FILLAS,LLP 8 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 " Restricted range of motion; LEFT ELBOW: " Tenderness at the medial epicondyle; " Joint derangement; " Restricted range of motion; LEFT KNEE: " Internal derangement; " Effusion; " Tenderness at joint line; " Restricted range of motion; LEFT ANKLE: " Chronic thickening/scarring of the plantar fascia central cord; " Joint derangement; " Moderate constant pain; " Restricted range of motion; LEFT FOOT: " Intermittent mild to moderate numbness; " Restricted range of motion; HEAD: " Dizziness; " Nausea; " Forehead pain and abrasion; " Permanent scarring to the forehead; " Post traumatic headaches; SACCO& FILLAS,LLP 9 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 " Blurred vision; " Concussion; Plaintiff reserves the right to supplement additional injuries. The infant plaintiff, A.C., sustained the following personal and permanent injuries which were caused, accelerated, precipitated, aggravated, exacerbated or otherwise enhanced by the defendant's negligence: HEAD: " Right maxillary sinus mucus retention cyst " Headaches " Pressure to eyes with blurriness CERVICAL SPINE: " of the usual cervical lordosis Straightening " Cervicalgia " Subluxation of cervical vertebrae " Restricted movement and stiffness " Burning, sharp, shooting, and pain stabbing throbbing " Trigger points " Positive Bakody's sign on the right " positive Jackson Compression Test Bilaterally " positive shoulder depression test Bilaterally " Bilaterally positive maximum cervical compression test " Positive Valsalva test " Tenderness at posterior midline " Muscular spasm " Trigger points noted SACCO& FILLAS,LLP 10 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 " Restricted range of motion THORACIC SPINE: " Subluxation of thoracic vertebrae " Restricted movement, stiffness and spasms " Burning, and pain sharp throbbing " Trigger points " Decreased kyphosis LUMBAR SPINE: " Mild lumbar levoscoliosis " Subluxation of lumbar vertebrae " Restricted movement and stiffness " Burning, sharp, pulsating, and pain stabbing throbbing " Trigger points " positive hyperextension test Bilaterally " positive Kemp's test Bilaterally " Positive Yeoman's test on the right " Muscular spasm " Trigger points noted " Restricted range of motion LEFT SHOULDER: " Subacromial subdeltoid bursitis " Intermittent moderate pain " Trigger points RIGHT SHOULDER: " Subacromial subdeltoid bursitis " Joint derangement SACCO& FILLAS,LLP 11 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 " Intermittent moderate pain " Trigger points " Positive impingement sign LEFT KNEE: " Intermittent moderate pain RIGHT KNEE: " Posterior based lesion in the distal femoral shaft 2.2 x 1.3 x 3.1cm cortically measuring mild perilesional bone marrow edema " Internal derangement " Intermittent moderate pain " Antalgic gait " Effusion " Positive patellar test grinding " Tenderness at joint line Plaintiff reserves the right to supplement additional injuries. In order to negate needless duplication, the plaintiff incorporates by reference the physicians' hospital records and reports to be served in conjunction with the medical exchange rules insofar as the contents thereof are admissible in evidence at the trial of this action, and to the extent it is consistent with the injuries alleged in the Bill of Particulars. All of the foregoing injuries are with involvement of the surrounding muscles, bones, ligaments, tendons, nerves, both venous and arterial, fascia and other soft parts in said regions, and with pain, deformity and disability. Said injuries, upon information and belief, are permanent and protracted in nature. 6. Length of time Plaintiffs were confined to: a) Hospital: Infant Plaintiff, A.C. and Plaintiff, Marvin Flores Madrid were both SACCO& RLLAS, LLP 12 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 confined to Huntington Hospital, 270 Park Avenue, Huntington, NY 11743 for one (1) day. b) Bed: Plaintiff, Marvin Flores Madrid, was confined to bed for nine (9) days and intermittently thereafter . The infant plaintiff, A.C., was confined to home and/or bed, for the most part, except for necessary hospital and medical treatment, for a period of approximately five months and continuing and remains substantially partially disabled to date, and that substantial partial disability is deemed permanent. c) Home: Please see Paragraph "6b", supra. d) Totally Disabled: Plaintiffs were totally disabled following the accident. e) Partially disabled: Plaintiffs remain partially disabled to date, and that substantial partial disability is deemed permanent. 7. Plaintiff occupation information: Marvin Flores Madrid: occupation- medical biller a) Plaintiff, i) Employer: Geico Insurance Company ii) Address: 2 Huntington Quadrangle, Melville, NY 11747 iii) Direct supervisor: Vincent Intrieri iv) Incapacitated: nine (9) days v) Rate of pay: $22.01 an hour vi) Total loss of earnings claimed: $1,584.72 Infant A.C.: occupation- student b) Plaintiff, i) Name and address: Walt Whitman High School, 301 W Hills Road, Huntington Station, NY 11746 SACCO&FILLAS,LLP 13 of 72 FILED: SUFFOLK COUNTY CLERK 01/31/2024 01:15 PM INDEX NO. 619895/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/31/2024 ii) Dates unable to attend school: not applicable, school was not in session at the time of the accident. 8. The Plaintiffs incurred the following special damages: Physician's services - $50,000.00 and Submitted to No-Fault Carrier a) Approximately for payment; Medical supplies - Submitted to No-Fault Carrier for b) payment; Hospital charges - included in a. above; Submitted to No-Fault Carrier for c) payment; expenses - Submitted to No-Fault Carrier for d) X-Ray payment; Nurses' - e) services Submitted to No-Fault Carrier for payment; Loss of eamings - Submitted to No-Fault Carrier for payment f) Other - future medical expenses: $50,000.00 g) Plaintiff reserves the right to prove additional other special damage at the time of trial in the event costs are continuing. 9. Plaintiff information: a) Infant plaintiff, A.C. resides at 132 E 11th Street, Huntington Station, NY 11746. Her date of birth is Plaintiff objects to this demand for a social security number as privileged, as an interrogatory, as not designated to amplify the pleadings, and also to the disclosure of such information in a filing to be publicly filed, due to the danger of identity theft Notwithstanding such objection, the last four digits of infant Plaintiff's social security number is b) Plaintiff, Marvin Flores Madrid, resides at 132 E 11th Street, Huntington Station, NY 11746. His