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Personal Injury
AUTO ACCIDENT ATTORNEY IN HUDSON FALLS, NY
Proudly serving the following areas: Glens Falls, Queensbury, Lake George, Hudson Falls, Saratoga, and surrounding areas
When you’ve been in a car accident, you need an aggressive
personal injury attorney that will fight for your right to compensation. For
forty years, the Law Office of William Nikas
continues to be dedicated to
representing those injured in auto accidents involving 18-wheelers, drunk
drivers and reckless individuals. No matter how the laws change, we have the
know-how to put the law on your side in order to maximize your recovery.
COMMERCIAL TRUCK ACCIDENTS
The dangers of being on the road alongside an 18-wheeler are
only evident at the last moment. Usually commercial trucks and civilian cars
coexist peacefully. There is no consideration there is a tired and overworked
driver inside who is trying his best to beat a deadline until he’s following
too close or runs you off the road. Even
to the dismay of the U.S. Department’s stringent regulations and the Federal
Motor Carrier safety regulations, these accidents happen all too frequently.
To put the issue in perspective, the Federal Motor Carrier Safety Administration limited the work hours for truck drivers to 70 hours a week and 11 hours’ driving time in 2013. This more than affects the bottom line of trucking companies.
The Law Office of William Nikas understands the magnitude of an accident with a vehicle this size. We know if you come out alive in any state you are fortunate. Either way, your life and the lives of your loved ones will never be the same. You will need a truck accident attorney who lets the trucking and insurance companies know it is their responsibility to rectify all the damage done.
To put the issue in perspective, the Federal Motor Carrier Safety Administration limited the work hours for truck drivers to 70 hours a week and 11 hours’ driving time in 2013. This more than affects the bottom line of trucking companies.
The Law Office of William Nikas understands the magnitude of an accident with a vehicle this size. We know if you come out alive in any state you are fortunate. Either way, your life and the lives of your loved ones will never be the same. You will need a truck accident attorney who lets the trucking and insurance companies know it is their responsibility to rectify all the damage done.
MOTORCYCLE ACCIDENTS
Without the physical protection of the steel chassis of a
car or truck, motorcycle riders are left without much physical protection. With
speeding and texting drivers, accident involving motorcyclists usually end
fatally. If not, the damage is usually irreparable. The Law Office of William
Nikas protects your rights as a fellow motorist when the negligence of another
driver causes them harm.
We know how insurance companies handle motorcyclists and their claims. They will depict you automatically as a reckless ‘biker’. We don’t believe that is always the case. Our goal is to challenge that notion and prove negligence on your behalf. An experienced attorney will turn that preconception of you into a myth and get you the compensation you deserve.
We know how insurance companies handle motorcyclists and their claims. They will depict you automatically as a reckless ‘biker’. We don’t believe that is always the case. Our goal is to challenge that notion and prove negligence on your behalf. An experienced attorney will turn that preconception of you into a myth and get you the compensation you deserve.
YOUR FREE CASE REVIEW
If you're on the receiving end of a major auto collision,
you need the expertise of an experienced lawyer to fight for and protect your
rights. We work one-on-one with you to build a strong defense and get you back
to your life as quickly as possible.
Call us today for a free consultation.
Call us today for a free consultation.
VERDICTS
Wednesday, March 21, 2012
Crash victim to get $500K
Jury rules in favor of woman disabled after her car was hit
By DON LEHMAN | dlehman@poststar.com
QUEENSBURY ♦ A state Supreme Court jury awarded a South Glens Falls woman $500,000 Friday for injuries she suffered when her car was hit by an impaired driver more. than four years ago.
The jury found in favor of 28-year-old Katie B. Benson, who, her lawyer said, suffered a spinal injury that left her 50 percent disabled.
Benson's vehicle was stopped at ared light when it was hit from behind by one driven by Jodie A. Varmette, of Queensbury, onAviationRoad in front of QueensburyMiddle School just after 5 p.m. Dec.l2, 2007.
Varmette was charged with driving while intoxicated and pleaded guilty to a reduced charge of driving while abil-ity impaired, according to Queensbury Town Court records.
The jury found in favor of 28-year-old Katie B. Benson, who, her lawyer said, suffered a spinal injury that left her 50 percent disabled.
Benson's vehicle was stopped at ared light when it was hit from behind by one driven by Jodie A. Varmette, of Queensbury, onAviationRoad in front of QueensburyMiddle School just after 5 p.m. Dec.l2, 2007.
Varmette was charged with driving while intoxicated and pleaded guilty to a reduced charge of driving while abil-ity impaired, according to Queensbury Town Court records.
Benson's lawyer, William Nikas, said Benson was stopped when she was hit by Varmette's vehicle, which was traveling an estimated 40 mph at the time of the crash. Benson's car was then pushed into one ahead of it, he said.
Varmette admitted liability, and because she did so, the jury did not hear she had been charged withDWI, Nikas said. Instead, the trial focused on how much compensation Benson should receive.
After a five-day trial before state Supreme Court Justice DavidKrogmann, the jury gave Benson$100,000forpastpain and suffering and $400,000 for future pain and suffering.
Benson was an athlete who can no longer play sports because of the spinal injury, according to Nikas. She has been able to resume woddng .as a customer service representative at Travelers Insurance, he said.
"She's permanently afflicted;' Nikas said. "She can't even reach down to pick up her ll/2-year-oldson without severe pain!'
Varmette's insurance carrier, State Farm, was given an opportunity to settle the case for the insurance policy maximum of $100,000 before trial but refused, Nikas said.
The verdict can be appealed.
The lawyer appointed to handle the case by State Farm Insurance; Joseph Gianetti, did not return a phone call for comment Tuesday.
Varmette admitted liability, and because she did so, the jury did not hear she had been charged withDWI, Nikas said. Instead, the trial focused on how much compensation Benson should receive.
After a five-day trial before state Supreme Court Justice DavidKrogmann, the jury gave Benson$100,000forpastpain and suffering and $400,000 for future pain and suffering.
Benson was an athlete who can no longer play sports because of the spinal injury, according to Nikas. She has been able to resume woddng .as a customer service representative at Travelers Insurance, he said.
"She's permanently afflicted;' Nikas said. "She can't even reach down to pick up her ll/2-year-oldson without severe pain!'
Varmette's insurance carrier, State Farm, was given an opportunity to settle the case for the insurance policy maximum of $100,000 before trial but refused, Nikas said.
The verdict can be appealed.
The lawyer appointed to handle the case by State Farm Insurance; Joseph Gianetti, did not return a phone call for comment Tuesday.
Nov 2011
Rape case lawsuit survives challenge
State appeals court rules to allow trial of Catholic Charities
By DON LEHMAN | dlehman@poststar.com
A state appeals court has denied a domestic violence counseling group's request to throw out a lawsuit against it brought by a victim who was raped in a Fort Edward motel where the group placed her.
The Appellate Division of state Supreme Court upheld a ruling by state Supreme Court Justice David Krogmann that Catholic Charities of the Diocese of Albany should stand trial in a lawsuit brought by a woman who was raped.
The Appellate Division of state Supreme Court upheld a ruling by state Supreme Court Justice David Krogmann that Catholic Charities of the Diocese of Albany should stand trial in a lawsuit brought by a woman who was raped.
Victim was put in a room with no phone
after she was placed in a Fort Edward motel by an arm of Catholic Charities that assists domestic violence victims.
The lawsuit does not seek a specific amount of damages.
The victim, whose name is being withheld to protect her identity as a sexual assault victim, was forcibly raped by Percival F. Hayes in the former Victorian Motel on Broadway.
The attack happened on Oct. 10, 1998, after the then-44-year-old victim had contacted Catholic Charities for assistance in a domestic violence case.
She also sued Washington Country and the motel, but Krogmann dismissed the portions of the lawsuit that named them. The Appellate Division upheld that ruling in its decision released Thursday.
The court found that there was a basis for the lawsuit to continue against Catholic Charities, based on claims that the counselor who placed the woman in the motel, Patti Gray Whann, did not follow Catholic Charities' procedures. and also did not properly look into the motel before placing her there.
The lawsuit does not seek a specific amount of damages.
The victim, whose name is being withheld to protect her identity as a sexual assault victim, was forcibly raped by Percival F. Hayes in the former Victorian Motel on Broadway.
The attack happened on Oct. 10, 1998, after the then-44-year-old victim had contacted Catholic Charities for assistance in a domestic violence case.
She also sued Washington Country and the motel, but Krogmann dismissed the portions of the lawsuit that named them. The Appellate Division upheld that ruling in its decision released Thursday.
The court found that there was a basis for the lawsuit to continue against Catholic Charities, based on claims that the counselor who placed the woman in the motel, Patti Gray Whann, did not follow Catholic Charities' procedures. and also did not properly look into the motel before placing her there.
The victim's lawyer, William Nikas, has claimed the motel had insufficient security, particularly for a domestic violence victim who was seeking to hide from an abuser.
"While no one may have expected a stranger to rape plaintiff, it was foreseeable that someone (i.e. her husband) would find plaintiff at the motel and attack her" wrote Appellate Division Justice William McCarthy.
The victiin was told to call the domestic violence hotline if any problems arose, but was placed in a room without a phone, the court pointed out.
Hayes was sued as well, and he remains a party to the lawsuit. He remains a party to the lawsuit. he is an intimate in Attica Correctional Facility, serving a 25-years-to-life prison term as a persistent felon. Hayes had two prior rape arrests in the four previous years, and was free on bail in one of those cases.
The lawsuit was filed in 1999 but has been delayed because an insurance company that represented one of the defendants went bankrupt, and Hayes has repeatedly refused to cooperate with efforts to take a pretrial depositions from him, Nikas said.
The victim continues to suffer emotionally because of the attack, Nikas said.
"It was an absolute nightmare for her," he said.
Hayes is eligible for parole in October 2023.
Catholic Charities could appeal the ruling to the state's highest court, the Court of Appeals. Lawyer Michael Costello, who represents the diocese, said a possible appeal of the Appellate Division decision was under review.
He said the diocese does not believe it has any liability for a "random criminal sexual act."
Costello said the victim was offered a stay at a safe house for domestic violence victims that is run by the diocese, but turned that down and instead wanted to stay at a motel.
"We believe that the (pretrial) discovery that is about to commerce will further clarify the liability issues the court referenced," he said.
Krogmann's 'office plans to schedule a conference on the case in the coming weeks, with a trial likely early next year.
"While no one may have expected a stranger to rape plaintiff, it was foreseeable that someone (i.e. her husband) would find plaintiff at the motel and attack her" wrote Appellate Division Justice William McCarthy.
The victiin was told to call the domestic violence hotline if any problems arose, but was placed in a room without a phone, the court pointed out.
Hayes was sued as well, and he remains a party to the lawsuit. He remains a party to the lawsuit. he is an intimate in Attica Correctional Facility, serving a 25-years-to-life prison term as a persistent felon. Hayes had two prior rape arrests in the four previous years, and was free on bail in one of those cases.
The lawsuit was filed in 1999 but has been delayed because an insurance company that represented one of the defendants went bankrupt, and Hayes has repeatedly refused to cooperate with efforts to take a pretrial depositions from him, Nikas said.
The victim continues to suffer emotionally because of the attack, Nikas said.
"It was an absolute nightmare for her," he said.
Hayes is eligible for parole in October 2023.
Catholic Charities could appeal the ruling to the state's highest court, the Court of Appeals. Lawyer Michael Costello, who represents the diocese, said a possible appeal of the Appellate Division decision was under review.
He said the diocese does not believe it has any liability for a "random criminal sexual act."
Costello said the victim was offered a stay at a safe house for domestic violence victims that is run by the diocese, but turned that down and instead wanted to stay at a motel.
"We believe that the (pretrial) discovery that is about to commerce will further clarify the liability issues the court referenced," he said.
Krogmann's 'office plans to schedule a conference on the case in the coming weeks, with a trial likely early next year.
Oct 2011
As reported in:
NEWYORK
JURY VERDICT REPORTER
Shopper Slipped on Wet Floor, Despite Warning Cone
Verdict $1,591,211.00
Case: Dorothy Shaw v. Martin's Foods of South Burlington, No. 90660
Venue: Washington Supreme, NY
Judge G. Thomas Moynihan, Jr.
Date 1 0-07-2002
PLAINTIFF(S)
Attorney:
• William L. Nikas; Hudson Falls, NY, for Dorothy Shaw
Expert:
• Dr. Arvinder Singh; Pain Management; Albany, NY called by: William Nikas
• Ernest Gailor P.E.; Engineering; Albany, NY called by: William Nikas
• Dr. David Welch; Physical Medicine called by: William Nikas
• Robert Bancroft; Economics called by: William Nikas
• Gregory LeRoy; Vocational Rehabilitation/Counseling called by: William Nikas
• Robert Sears; Vocational Rehabilitation called by: William Nikas
DEFENDANT(S)
Attorney:
• Michael J. Lonergan; Allen, Johnson & Lonergan, L.L.P.; Albany, NY, for Martin's Foods of South Burlington
Expert:
• Peter Stickney; Vocational Rehabilitation; Manlius, NY called by: Michael Lonergan
Plaintiff Dorothy Shaw, 43, claimed that she slipped and fell as a result of the negligence of defendant Martin's Foods of South Burlington.
Shaw was at the Martin's Foods store in Glens Fall, N.Y. , when she slipped and fell on water that had leaked onto the floor from a cooler.
The defendant had placed a three-foot-tall yellow "wet floor" cone near the cooler to block access to the wet area from the direction in which Shaw approached. However, the waterlater spread eight feet to 10 feet beyond the cone.
Verdict $1,591,211.00
Case: Dorothy Shaw v. Martin's Foods of South Burlington, No. 90660
Venue: Washington Supreme, NY
Judge G. Thomas Moynihan, Jr.
Date 1 0-07-2002
PLAINTIFF(S)
Attorney:
• William L. Nikas; Hudson Falls, NY, for Dorothy Shaw
Expert:
• Dr. Arvinder Singh; Pain Management; Albany, NY called by: William Nikas
• Ernest Gailor P.E.; Engineering; Albany, NY called by: William Nikas
• Dr. David Welch; Physical Medicine called by: William Nikas
• Robert Bancroft; Economics called by: William Nikas
• Gregory LeRoy; Vocational Rehabilitation/Counseling called by: William Nikas
• Robert Sears; Vocational Rehabilitation called by: William Nikas
DEFENDANT(S)
Attorney:
• Michael J. Lonergan; Allen, Johnson & Lonergan, L.L.P.; Albany, NY, for Martin's Foods of South Burlington
Expert:
• Peter Stickney; Vocational Rehabilitation; Manlius, NY called by: Michael Lonergan
Plaintiff Dorothy Shaw, 43, claimed that she slipped and fell as a result of the negligence of defendant Martin's Foods of South Burlington.
Shaw was at the Martin's Foods store in Glens Fall, N.Y. , when she slipped and fell on water that had leaked onto the floor from a cooler.
The defendant had placed a three-foot-tall yellow "wet floor" cone near the cooler to block access to the wet area from the direction in which Shaw approached. However, the waterlater spread eight feet to 10 feet beyond the cone.
www. VerdictSearch.com
128 Carleton Avenue I East Islip, New York 11738 I Phone (800) 832-1900
128 Carleton Avenue I East Islip, New York 11738 I Phone (800) 832-1900
As reported in:
NEWYORK
JURY VERDICT REPORTER
Shaw claimed that Martin's was negligent in failing to indicate how far the water had spread, and in not mopping up the water more promptly. She stated that she did not see the cone and that the area should have been barricaded.
Martin's contended that the leak was adequately indicated by the cone. It further contended that since the cone was only inches away from Shaw's foot after her fall, Shaw should have seen the cone and exercised appropriate caution.
Injury:
Shaw complained of chronic low-back syndrome and facet joint injury. She underwent facet block and four rhizotomy procedures to block the pain. She claimed that she could not continue working as a nurse's aide.Martin's Foods contended that at one point in her recovery, Shaw received no treatment for more than a year. Martin's further contended that Shaw's job history following the accident, coupled with the sporadiccare she received and admissions recorded in her medical records, belied the seriousness of her back pain and incapacitation.
Verdict Information: The jury ruled for the plaintiff.
Dorothy Shaw
$11 ,000 Personal Injury: Past Medical Cost
$64,134 Personal Injury: Past Lost Earnings Capability
$516,077 Personal Injury: Future lost Earnings Capability
$500,000 Personal Injury: Past Pain And Suffering
$500,000 Personal Injury: Future Pain And Suffering
Martin's contended that the leak was adequately indicated by the cone. It further contended that since the cone was only inches away from Shaw's foot after her fall, Shaw should have seen the cone and exercised appropriate caution.
Injury:
Shaw complained of chronic low-back syndrome and facet joint injury. She underwent facet block and four rhizotomy procedures to block the pain. She claimed that she could not continue working as a nurse's aide.Martin's Foods contended that at one point in her recovery, Shaw received no treatment for more than a year. Martin's further contended that Shaw's job history following the accident, coupled with the sporadiccare she received and admissions recorded in her medical records, belied the seriousness of her back pain and incapacitation.
Verdict Information: The jury ruled for the plaintiff.
Dorothy Shaw
$11 ,000 Personal Injury: Past Medical Cost
$64,134 Personal Injury: Past Lost Earnings Capability
$516,077 Personal Injury: Future lost Earnings Capability
$500,000 Personal Injury: Past Pain And Suffering
$500,000 Personal Injury: Future Pain And Suffering
www. VerdictSearch.com
128 Carleton Avenue I East Islip, New York 11738 I Phone (800) 832-1900
128 Carleton Avenue I East Islip, New York 11738 I Phone (800) 832-1900
Feb 2010
VERDIGSEARCH NEWYORK
WARREN COUNTRY
MOTOR VEHICLE
No-Fault Case - Rear-ender - Multiple Vehicle
Accident caused disabling facet Syndrome, plaintiff alleged
SETTLEMENT
$700,000
CASE
Patti A. Dube v. James R. Nesbitt Jr. and
Bartlett Transportation Services, Inc.,
No. 46363/05
Bartlett Transportation Services, Inc.,
No. 46363/05
COURT
Warren Supreme
JUDGE
David B. Krogmann
DATE
2/4/2010
PLAINTIFF
ATTORNEY(S)
ATTORNEY(S)
William L. Nikas, Hudson Falls, NY
DEFENSE
ATTORNEY(S)
ATTORNEY(S)
Gary C. Hobbs, Poklemba & Hobbs,LLC, Malta, NY, trial counsel to Muller &Mannix, PLLC, Glens Falls, NY, Malta, NY(Barrett Transportation Services, Inc.)None reported (James R. Nesbitt Jr.)
FACTS & ALLEGATIONS
In March 2002, plaintiff Patti Dube,41, an aide for developmentally disabled people, was driving on Dix Avenue, in Glens Falls, when she stopped for traffic. Whileher vehicle was stopped, it was rear-ended by a vehicle driven by James Nesbitt Jr. and rented from Barrett TransportationServices Inc. Dube claimed that she sustained neck injuries in the crash.
Dube sued Nesbitt and Barrett Transportation. She alleged that Nesbitt was negligent in the operation of his vehicle and that Barrett Transportation was vicariously liable for the driver's actions.
Plaintiff's counsel made a summary judgment motion on the issue of liability and it was granted. It was ultimately determined that Nesbitt did not have any insurance, so the action against him was discontinued. Thus, the matter proceeded to a damages trial against Barrett Transportation.
INJURIES/DAMAGES cervical disc injury; facet syndrome;myofascial syndrome; physical therapy; psychological; soft tissue injury
Dube was taken to Glens Falls Hospital, in Warren County.At the hospital, she underwent minor treatment and was released.
Dube claimed that she sustained a soft-tissue injury at CS-6, resulting in facet syndrome. She contended that the condition was eventually able to be seen on MRI films and that the condition ultimately caused her to suffer myofascial
Dube sued Nesbitt and Barrett Transportation. She alleged that Nesbitt was negligent in the operation of his vehicle and that Barrett Transportation was vicariously liable for the driver's actions.
Plaintiff's counsel made a summary judgment motion on the issue of liability and it was granted. It was ultimately determined that Nesbitt did not have any insurance, so the action against him was discontinued. Thus, the matter proceeded to a damages trial against Barrett Transportation.
INJURIES/DAMAGES cervical disc injury; facet syndrome;myofascial syndrome; physical therapy; psychological; soft tissue injury
Dube was taken to Glens Falls Hospital, in Warren County.At the hospital, she underwent minor treatment and was released.
Dube claimed that she sustained a soft-tissue injury at CS-6, resulting in facet syndrome. She contended that the condition was eventually able to be seen on MRI films and that the condition ultimately caused her to suffer myofascial
VERDIGSEARCH NEWYORK
pain syndrome. Dube underwent a course of physical therapy,followed by vocational rehabilitation. She claimed that when those treatments failed to improve her condition, she began pain management.
Dube contended that she could not return to work as a result of her pain and that her condition affects her ability to perform some of her daily activities. She claimed that a~ aresult, she suffers depression for which she seeks treatment wttha psychologist. Dube further contended that her conditio~ ispermanent and that she will need pain management servtcesfor the rest of her life.
The plaintiff's prior rehabilitation expert testified that he had treated Dube for a prior lumbar injury, for which Dube underwent approximately six months of treatment before the motor-vehicle accident. He testified that he had cleared Dube to return to work and that she had fully recovered when the accident occurred.
The plaintiff's treating family medicine expert, new vocational rehabilitation expert and pain-management expert testified to Dube's current condition and opined that the amount of pain Dube suffers keeps her from working and performing many of her daily activities. The plaintiff's treating psychology expert also testified that Dube's depression was related to her inability to return to work.
Dube sought recovery of her past and future medical expenses, her past and future lost earnings, and damages for her past and future pain and suffering.
Defense counsel argued that any soft-tissue injuries to the spine were preexisting and not causally related to the accident.He contended that Dube had a history of multiple falls and that the plaintiff's alleged injuries were related to these prior incidents.
The defendant's psychiatrist opined that the plaintiff's alleged psychiatric problems were preexisting and that Dube's alleged depression was not related to any condition caused by the motor-vehicle accident.
RESULT The parties agreed to settle after the eighth day of trial,just prior to the plaintiff's testimony, for $700,000, based on Barrett Transportation's $1 million insurance policy limit.
Dube contended that she could not return to work as a result of her pain and that her condition affects her ability to perform some of her daily activities. She claimed that a~ aresult, she suffers depression for which she seeks treatment wttha psychologist. Dube further contended that her conditio~ ispermanent and that she will need pain management servtcesfor the rest of her life.
The plaintiff's prior rehabilitation expert testified that he had treated Dube for a prior lumbar injury, for which Dube underwent approximately six months of treatment before the motor-vehicle accident. He testified that he had cleared Dube to return to work and that she had fully recovered when the accident occurred.
The plaintiff's treating family medicine expert, new vocational rehabilitation expert and pain-management expert testified to Dube's current condition and opined that the amount of pain Dube suffers keeps her from working and performing many of her daily activities. The plaintiff's treating psychology expert also testified that Dube's depression was related to her inability to return to work.
Dube sought recovery of her past and future medical expenses, her past and future lost earnings, and damages for her past and future pain and suffering.
Defense counsel argued that any soft-tissue injuries to the spine were preexisting and not causally related to the accident.He contended that Dube had a history of multiple falls and that the plaintiff's alleged injuries were related to these prior incidents.
The defendant's psychiatrist opined that the plaintiff's alleged psychiatric problems were preexisting and that Dube's alleged depression was not related to any condition caused by the motor-vehicle accident.
RESULT The parties agreed to settle after the eighth day of trial,just prior to the plaintiff's testimony, for $700,000, based on Barrett Transportation's $1 million insurance policy limit.
INSURER(S)
Zurich Insurance Co.
for Barrett
Transportation Services, Inc.
Transportation Services, Inc.
PLAINTIFF
EXPERT(S)
EXPERT(S)
Charles Gordon, M.D.,pain management,Clifton Park, NY (treating physician)
Mark Hamdi, Ph.D., psychology/counseling, Glens Falls, NY (treatingtherapist)
Shawn Jorgensen,M.D., physical rehabilitation, Queensbury, NY (priortreating physician)
James D. Lambrinos, Ph.D., economics,Clifton Park, NY
Mark Hamdi, Ph.D., psychology/counseling, Glens Falls, NY (treatingtherapist)
Shawn Jorgensen,M.D., physical rehabilitation, Queensbury, NY (priortreating physician)
James D. Lambrinos, Ph.D., economics,Clifton Park, NY
Car Accident Feb 2010
VERDIGSEARCH NEWYORK
WASHINGTON COUNTRY
MOTOR VEHICLE
Left Turn - Broadside - Intersection - Multiple Vehicle
Car crash caused neck injuries,broken tooth, plaintiff alleged
VERDICT
$105,750
ACTUAL
$100,000
CASE
Jill P. Autiello v. Joshua K. Cummins,
No. 8785/06
No. 8785/06
COURT
Washington Supreme
JUDGE
John S. Hall Jr.
DATE
2/16/2010
PLAINTIFF
ATTORNEY(S)
ATTORNEY(S)
William L. Nikas, Hudson Falls, NY
DEFENSE
ATTORNEY(S)
ATTORNEY(S)
Joseph D. Giannetti,
Horigan, Horigan
Lombardo, Amsterdam, NY
Lombardo, Amsterdam, NY
FACTS & ALLEGATIONS
On Sept. 17, 2003, plaintiff Jill Autiello, 28, an accountant, was driving on Spring Street,near its intersection at Broad Street, in Schuylerville. As she proceeded through the intersection, her vehicle's left side was struck by a vehicle that was being driven by Joshua Cummins,who was executing a left turn onto Broad Street, from the opposite side of Spring Street. Autiello claimed that she sustained injuries of her neck and a tooth.
Autiello sued Cummins. She alleged that Cummins was negligent in the operation of his vehicle.
Autiello's counsel moved for summary judgment of liability,and the motion was granted. The trial addressed damages.
INJURIES/DAMAGES chiropractic; facet syndrome; fracture,tooth; myofascial syndrome; neck; tooth loss
Autiello was placed in an ambulance, and she was transported to Glens Falls Hospital, in Glens Falls. She underwent minor treatment.
Autiello ultimately claimed that she sustained a fracture of a tooth. She also claimed that she sustained injuries that produced cervical facet syndrome, which is a painful condition that is caused by inflammation of one or more facet joints of the vertebrae of the neck, and myofascial pain syndrome, which is caused by contractures of one or more muscles. She underwent chiropractic treatment. About 12 months after the accident,her fractured tooth was extracted.
Autiello contended that she suffers residual pain that stems from her neck. She claimed that her condition could be aggravated if she performs heavy lifting or other strenuous tasks. Autiello's treating chiropractor agreed that Autiello suffers
Autiello sued Cummins. She alleged that Cummins was negligent in the operation of his vehicle.
Autiello's counsel moved for summary judgment of liability,and the motion was granted. The trial addressed damages.
INJURIES/DAMAGES chiropractic; facet syndrome; fracture,tooth; myofascial syndrome; neck; tooth loss
Autiello was placed in an ambulance, and she was transported to Glens Falls Hospital, in Glens Falls. She underwent minor treatment.
Autiello ultimately claimed that she sustained a fracture of a tooth. She also claimed that she sustained injuries that produced cervical facet syndrome, which is a painful condition that is caused by inflammation of one or more facet joints of the vertebrae of the neck, and myofascial pain syndrome, which is caused by contractures of one or more muscles. She underwent chiropractic treatment. About 12 months after the accident,her fractured tooth was extracted.
Autiello contended that she suffers residual pain that stems from her neck. She claimed that her condition could be aggravated if she performs heavy lifting or other strenuous tasks. Autiello's treating chiropractor agreed that Autiello suffers
VERDIGSEARCH NEWYORK
significant limitations, and he opined that further chiropractic treatment may be necessary. Despite defense counsel's objection,the chiropractor was permitted to discuss portions of a report that had been prepared by the defense's expert orthopedist but not submitted as evidence. The defense's expert did not testify,and Autiello's counsel suggested that the expert would have agreed, that Autiello suffered a minor-but-permanent disability.
Autiello sought recovery of damages for her past and future pain and suffering.Defense counsel initially contended that Autiello did not sustain a serious injury, as defined by the no-fault-law, Insurance Law § 5102(d). However, Autiello's counsel was ultimately granted summary judgment, based on the finding that the fractured tooth and the subsequent extraction procedure constituted a serious injury. Defense counsel appealed, but the appellate division, Third Department, affirmed.
During the trial, defense counsel maintained that Autiello's dental injury merited merely minimal damages. He also contended that her neck's injuries stemmed from preexisting conditions, and he argued that any such injuries were not provable and had completely resolved.
RESULT The jury determined that Autiello's damages totaled $105,750.
Autiello sought recovery of damages for her past and future pain and suffering.Defense counsel initially contended that Autiello did not sustain a serious injury, as defined by the no-fault-law, Insurance Law § 5102(d). However, Autiello's counsel was ultimately granted summary judgment, based on the finding that the fractured tooth and the subsequent extraction procedure constituted a serious injury. Defense counsel appealed, but the appellate division, Third Department, affirmed.
During the trial, defense counsel maintained that Autiello's dental injury merited merely minimal damages. He also contended that her neck's injuries stemmed from preexisting conditions, and he argued that any such injuries were not provable and had completely resolved.
RESULT The jury determined that Autiello's damages totaled $105,750.
JILL AUTIELLO
$75,000 future pain and suffering $750 past pain and suffering (dental injury) $30,000 past pain and suffering (remaining injuries) $105,750
DEMAND OFFER
$100,000 (insurance coverage's limit)
$25,000
$25,000
INSURER(S)
State Farm Mutual AutomobileInsurance Co.
TRIAL DETAILS
Trial Length: 4 days
Trial Deliberations: 3 hours
Jury Vote: 6-0
Trial Deliberations: 3 hours
Jury Vote: 6-0
PLAINTIFF
EXPERT(S)
EXPERT(S)
Dean Estramonte, D.C.,chiropractic,Greenwich, NY (treating doctor)
POST-TRIAL
The parties negotiated a settlement. Cummins' insurertendered its policy, which provided coverage of $100,000.
EDITOR'S NOTE This report is based on information that wasprovided by plaintiff's and defense counsel.
EDITOR'S NOTE This report is based on information that wasprovided by plaintiff's and defense counsel.
Oct 2002
Jury awards $1.5 million in fall
Hannaford told to pay woman who slipped in market
By DARRIN YOUKER
youker@poststar.com
youker@poststar.com
FORT EDWARD + A jury hasawarded a Fort Edward woman$1.5 million after she fell at aHannaford Bros. Co. store, permanentlyinjuring her back.
Dorothy Thcker was shoppingat the Hannaford store on BroadStreet in Glens Falls when sheslipped in a pool of water in frontof the deli section.
The fall resulted in her permanentlyinjuring her back and lefther unable to work. On TUesday,a jury gave her $1.5 million formedical bills, lost wages, andpain and sufferin g.
Dorothy Thcker was shoppingat the Hannaford store on BroadStreet in Glens Falls when sheslipped in a pool of water in frontof the deli section.
The fall resulted in her permanentlyinjuring her back and lefther unable to work. On TUesday,a jury gave her $1.5 million formedical bills, lost wages, andpain and sufferin g.
Thcker, 44, slipped while shoppingsix years ago after shewalked through a 5-foot-widepool of water, said William Nikas,her attorney. One sign was putup to warn shoppers of the water,but it was not adequately placed,Nikas said.
During the weeklong trialbefore state Supreme CourtJustice G. Thomas Moynihan Jr.,Nikas called TUcker's doctor totestify about how the injurieshave altered her life.
She visits pain managementspecialists, can't lift more than10 pounds and can't stand forprolonged periods of time, hesaid.
Thcker was studying to be anurse, but the accident forcedher to abandon her career goals,Nikas said. Nikas called a dozenwitnesses, including friends andfamily of 'TUcker, to explain howthe accident affected her life andcareer goals.
During the weeklong trialbefore state Supreme CourtJustice G. Thomas Moynihan Jr.,Nikas called TUcker's doctor totestify about how the injurieshave altered her life.
She visits pain managementspecialists, can't lift more than10 pounds and can't stand forprolonged periods of time, hesaid.
Thcker was studying to be anurse, but the accident forcedher to abandon her career goals,Nikas said. Nikas called a dozenwitnesses, including friends andfamily of 'TUcker, to explain howthe accident affected her life andcareer goals.
Benson's lawyer, William Nikas, said Benson was stopped when she was hit by Varmette's vehicle, which was traveling an estimated 40 mph at the time of the crash. Benson's car was then pushed into one ahead of it, he said.
Varmette admitted liability, and because she did so, the jury did not hear she had been charged withDWI, Nikas said. Instead, the trial focused on how much compensation Benson should receive.
After a five-day trial before state Supreme Court Justice DavidKrogmann, the jury gave Benson$100,000forpastpain and suffering and $400,000 for future pain and suffering.
Benson was an athlete who can no longer play sports because of the spinal injury, according to Nikas. She has been able to resume woddng .as a customer service representative at Travelers Insurance, he said.
"She's permanently afflicted;' Nikas said. "She can't even reach down to pick up her ll/2-year-oldson without severe pain!'
Varmette's insurance carrier, State Farm, was given an opportunity to settle the case for the insurance policy maximum of $100,000 before trial but refused, Nikas said.
The verdict can be appealed.
The lawyer appointed to handle the case by State Farm Insurance; Joseph Gianetti, did not return a phone call for comment Tuesday.
A Hannaford spokeswomancould not be reached for comment.Thcker could not bereached at home Wednesday.Nikas said he and attorneysfor Hannaford had attempted toreach an out-of-court settlement,but he and the company couldnot agree on a monetary award."Every area of her life vvA:->affected by thi s," Nikas sa id ."Her quality of life was literallyruined ."
Varmette admitted liability, and because she did so, the jury did not hear she had been charged withDWI, Nikas said. Instead, the trial focused on how much compensation Benson should receive.
After a five-day trial before state Supreme Court Justice DavidKrogmann, the jury gave Benson$100,000forpastpain and suffering and $400,000 for future pain and suffering.
Benson was an athlete who can no longer play sports because of the spinal injury, according to Nikas. She has been able to resume woddng .as a customer service representative at Travelers Insurance, he said.
"She's permanently afflicted;' Nikas said. "She can't even reach down to pick up her ll/2-year-oldson without severe pain!'
Varmette's insurance carrier, State Farm, was given an opportunity to settle the case for the insurance policy maximum of $100,000 before trial but refused, Nikas said.
The verdict can be appealed.
The lawyer appointed to handle the case by State Farm Insurance; Joseph Gianetti, did not return a phone call for comment Tuesday.
A Hannaford spokeswomancould not be reached for comment.Thcker could not bereached at home Wednesday.Nikas said he and attorneysfor Hannaford had attempted toreach an out-of-court settlement,but he and the company couldnot agree on a monetary award."Every area of her life vvA:->affected by thi s," Nikas sa id ."Her quality of life was literallyruined ."
SUMMARIES WITH TRIAL ANALYSIS
$1,580,000 VERDICT FAILURE TO ADEQUATELY CLEAR WATER FROM SUPERMARKET AISLE- FALLDOWN CHRONIC LOW BACK SYNDROME CAUSED BY FACET JOINT INFLAMMATION- NEED FOR PERIODICRHIZOTOMIES PLAINTIFF NURSE'S AIDE RESTRICTED TO LIGHT DUTY PART-TIME WORK INABILITYTO PURSUE SHORT TERM GOAL OF BECOMING A NURSE.
Washington CountyIn this action, the female plaintiff supermarket patronin her mid-40s contended that the defendant negligentlyfailed to properly repair a clog in the watercooler dmin and negligently failed to block off the aislewhere an approximate 10-12 foot wide area was coveredby water. The plaintiff contended that as a result,she slipped and fell, suffering chronic low-back syndromeassociated with inflammation of the area betweenfacet joints at several levels. The plaintiffcontended that the injuries have already required fourrhizotomies in which she receives very painful injectionsand that this treatment provides relief for approximatelyone year only. The plaintiff maintainedthat she will require such periodic injections for theremainder of her life. The plaintiff, who was employedas a nurse's aide, contended that she was planning onbecoming an LPN, had passed the aptitude test, reflectinga 95% chance that she would be successful, andmaintained that the injuries have prevented her frompur-suing this goal, causing very substantial economiclosses to the plaintiff who now claimed that she isI i rnited to light part-time work only.
The plaintiff indicated that as she was walking down thedeli aisle, she slipped in a large area of water. The plaintiffmaintained that although a cone was present in the area,the cone was situated in the approximate center of the wet:trea and that the water extended some 5-6 feet in eitherdirection from the cone. The plaintiff maintained that theacc umulation of water stemmed from a clog in the drainof a nearby water cooler. The plaintiff contended that inview of the presence of the cone, it was clear that thedefendant had actual knowledge of the condition and thatit failed to take adequate steps to protect its customers.The defendant did not dispute that the water had accumu-1 a ted from a clog in the water cooler. The defendantdenied, however, that water extended beyond the cone andmaintained that the cause of the accident was the failureto the plaintiff to observe the cone and avoid the water.The defendant maintained that the incident report taken bythe manager reflected that the water was situated to one
side of the cone only. The plaintiff countered that themanager did not take the report at the scene of the fa! I. hadnot seen the area until some time later, and argued that thedefendant's contentions should be rejected. The plaintiffalso maintained that the records of her treating physicianreflected that after she fell, she realized that her clothingwas wet, and the plaintiff maintained that her clothing maywell have absorbed a great deal of the water present in thearea of the fall. The plaintiff also contended that the juryshould consider that the supermarket is design ed in sucha manner as to encourage patrons to look at items on theshelves and that the jury should take such "environmen taldistractions" into account when assessing her conduct.
The plaintiff related that she commenced experiencingsignificant radiating lower back pain shortly after theaccident and that an MRI was negative for any herniati ons .The plaintiff's orthopedist related that the plaintiff underwentcomputerized functional capacity testing using a socnlled "ergos" machine which measures different rangesof motion and which, the plaintiff maintained, can utilizesophisticated programs to compare deficits in various areasof the body to a control norm and thereby "flagging"malingerers. The plaintiff maintained that this testing re flectedthat the plaintiff was not fabricating any complaints.
The plaintiff additionally maintained that she underwenta painful discogram to rule out herniations , and that it wasultimately determined that the source of the pain wasinflammation in the area between the facet joints affectingthe tiny nerves in the area. The plaintiff contended that inorder to provide some relief, she underwent four rhizotomies,a procedure using a needle which is inserted into thespinal area while the patient is conscious. The plaintiffmaintained that the procedure is very painful, carries a riskof paralysis, and that although the rhizotomy providessome relief, the affect dissipates after approximately oneyear. The plaintiff maintained that she will require suchperiodic treatments for the remainder of her life.
Tuesday, October 7th
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You are here: Home» News» C.U. Negligent in E. coli Outbreak, Attorney Says
You are here: Home» News» C.U. Negligent in E. coli Outbreak, Attorney Says
C.U. Negligent in E. coli Outbreak, Attorney Says
Although news oflegal action involving the Cornell Cooperative E"'1ension spread to the Ithaca campus yesterday, the University has yet to see documentation ofthe lawsuit that emerged from aNew York county fuir E. coli outbreak last year, and is so fur declining to comment on the litigation.
William Nikas, a Washington County attorney representing four -year -old Cheyenne Bishop and her younger cousin Brooke, :filed the $10 million lawsuit last Wednesday in Albany, seeking compensation for damages sulfured in relation to the bacteria that had been spread. The Bishop cousins attended the WashingtonCounty Fair last year and became exposed to E. coli during the festivities.
The 150-page lawsuit can be served to the University within 120 days after it is filed, and according to Nikas, Cornell's counsel should receive the papers he is sending within the upcoming weeks.
"Cornell is probably the weakest defendant [in relation to others named in the suit]," Nikas said. But he asserted that- no matter the magnitude of its role in thefair- the University was part of a group that could have prevented the outbreak from occurring at all.
In association with the University-sponsored extension division in Washington County, Cornell is tied to the distant subsidiary office located in eastern New York.
Nikas named the University in the lawsuit among five other defendants, including several of the fair 's organizers and Washington County. Additional litigation thatwill name the State ofNew York is pending, though according to Nikas, New York State is considered the primary defendant in the case.
While Nikas suggested that defendants in the case knew of the risks before the fair began, no action was taken toward safeguarding the people visiting the county fair, and as a resuh hundreds oflocals and other visitors full ill and two people died.
From across Washington County's furmlands, community members and youth organizations travel each year to the annual fair, a century-old tradition, to celebrate its roots in local agriculture. While the county's rural environs were on display for a week, untreated water in the fairgrounds' water system spread E. coli, a foodbome pathogen that is also transmitted through water, and may have led to an unprecedented disease-control catastrophe, according to the State Department of Health.
Sevemy-one people were hospitalized due to the outbreak. Among them, 14 developed hemolytic uremic syndrome (HUS), a severe complication that can lead tokidney failure. Also, 781 people were co~d or suspected ofhaving illnesses related to the outbreak, according to the slate's figures.
"Given the number ofcuhure -co~d and suspected cases, Washington County Fair illnesses are believed to represent the largest waterborne E. coli 0157H7outbreak in United States history," said State Health Commissioner Antonia C. Novello.
The lawsuit seeks to demonstrate that Cornell's capacity as a statutory agent ofNew York State meant that the University was part of a group that was liable toensure fairgoers' safety, thus holding Cornell legally responsible for the damages suffi:red by the two young girls.
The suit alleges that the defendants were negligent in their failure to disinfect water that tumed out to be infected with the E. coli bacteria, thereby creating health hazards at the fuir.
"'Even though they [the Cornell Cooperative Extension] are on the periphery of it, they have a responsibility at the very least, to inform the public of the knowledgethey had," N ikas argued.
Associate University Counsel Nelson Roth declined to comment until he receives the legal docllJrents pertaining to the case.
The State Department of Health issued a report on March 31, fullowing the department's investigation into the outbreak. Conducted over six months, theinvestigation revealed that the outbreak may have been caused by contamination in one of the fuir's water wells. However, the Health Department could not rule out
http://cornellsun.corrv'blog /2000/11 /27/cu-neg I ig ent-i n-e-coli -outbreak-attorney-say/
Cornell DailySun
manure run off from the nearby Youth Cattle Barn as a possible contamination source, and was unable to implicate a definitive source of the E. coli bacteria.
Nikas considered both sites dangerous to the children who were eventually exposed to E. coli. Many of the children were staying overnight in a Cornell Cooperative Extension dormitory, part of the University's 4-H program.
"You can assume that when the 4-H kids went to the cattle barn, they were exposed to the bacteria," Nikas said.
Then when they washed their hands and showered, Nikas said the children- including clients Cheyenne and Brooke Bishop - were at risk of exposure at several other times.
As a result of her exposure to the bacteria, Cheyenne Bishop bas experienced 50 percent kidney failure from complications and was recently diagnosed with a rare blood disorder, according to Nikas.
"She's looking at a lifetime of problems, Nikas said.
The Center for Disease Control estimates that E. coli 0157H7 - a common strain of the bacteria present in the Washington County outbreak- has appeared in 73,480 cases across the country, 500 of them part of a full-blown outbreak.
Slightly fewer than one percent of the cases result in fatality; in Washington County last year, a three-year-old girl and a 79-year-old man succumbed to complications from the bacteria.
"While we will never recover the two lives lost to this event, we can use the experience to improve our oversight of agricultural fuirgrounds," Novello said after releasing the report.
Currently, the state is preparing a legislative proposal that would give the health department explicit authority to regulate agricultural fairgrounds. The department's staff is also reviewing legal statutes on the books to determine whether other changes should be made.
Archived article by Matthew Hirsch
Nikas considered both sites dangerous to the children who were eventually exposed to E. coli. Many of the children were staying overnight in a Cornell Cooperative Extension dormitory, part of the University's 4-H program.
"You can assume that when the 4-H kids went to the cattle barn, they were exposed to the bacteria," Nikas said.
Then when they washed their hands and showered, Nikas said the children- including clients Cheyenne and Brooke Bishop - were at risk of exposure at several other times.
As a result of her exposure to the bacteria, Cheyenne Bishop bas experienced 50 percent kidney failure from complications and was recently diagnosed with a rare blood disorder, according to Nikas.
"She's looking at a lifetime of problems, Nikas said.
The Center for Disease Control estimates that E. coli 0157H7 - a common strain of the bacteria present in the Washington County outbreak- has appeared in 73,480 cases across the country, 500 of them part of a full-blown outbreak.
Slightly fewer than one percent of the cases result in fatality; in Washington County last year, a three-year-old girl and a 79-year-old man succumbed to complications from the bacteria.
"While we will never recover the two lives lost to this event, we can use the experience to improve our oversight of agricultural fuirgrounds," Novello said after releasing the report.
Currently, the state is preparing a legislative proposal that would give the health department explicit authority to regulate agricultural fairgrounds. The department's staff is also reviewing legal statutes on the books to determine whether other changes should be made.
Archived article by Matthew Hirsch
Oct 2002
Jury awards $1.5 million in fall
Hannaford told to pay woman who slipped in market
By DARRIN YOUKER
youker@poststar.com
youker@poststar.com
FORT EDWARD + A jury hasawarded a Fort Edward woman$1.5 million after she fell at aHannaford Bros. Co. store, permanentlyinjuring her back.
Dorothy Thcker was shoppingat the Hannaford store on BroadStreet in Glens Falls when sheslipped in a pool of water in frontof the deli section.
The fall resulted in her permanentlyinjuring her back and lefther unable to work. On TUesday,a jury gave her $1.5 million formedical bills, lost wages, andpain and sufferin g.
Dorothy Thcker was shoppingat the Hannaford store on BroadStreet in Glens Falls when sheslipped in a pool of water in frontof the deli section.
The fall resulted in her permanentlyinjuring her back and lefther unable to work. On TUesday,a jury gave her $1.5 million formedical bills, lost wages, andpain and sufferin g.
Thcker, 44, slipped while shoppingsix years ago after shewalked through a 5-foot-widepool of water, said William Nikas,her attorney. One sign was putup to warn shoppers of the water,but it was not adequately placed,Nikas said.
During the weeklong trialbefore state Supreme CourtJustice G. Thomas Moynihan Jr.,Nikas called TUcker's doctor totestify about how the injurieshave altered her life.
She visits pain managementspecialists, can't lift more than10 pounds and can't stand forprolonged periods of time, hesaid.
Thcker was studying to be anurse, but the accident forcedher to abandon her career goals,Nikas said. Nikas called a dozenwitnesses, including friends andfamily of 'TUcker, to explain howthe accident affected her life andcareer goals.
During the weeklong trialbefore state Supreme CourtJustice G. Thomas Moynihan Jr.,Nikas called TUcker's doctor totestify about how the injurieshave altered her life.
She visits pain managementspecialists, can't lift more than10 pounds and can't stand forprolonged periods of time, hesaid.
Thcker was studying to be anurse, but the accident forcedher to abandon her career goals,Nikas said. Nikas called a dozenwitnesses, including friends andfamily of 'TUcker, to explain howthe accident affected her life andcareer goals.
Benson's lawyer, William Nikas, said Benson was stopped when she was hit by Varmette's vehicle, which was traveling an estimated 40 mph at the time of the crash. Benson's car was then pushed into one ahead of it, he said.
Varmette admitted liability, and because she did so, the jury did not hear she had been charged withDWI, Nikas said. Instead, the trial focused on how much compensation Benson should receive.
After a five-day trial before state Supreme Court Justice DavidKrogmann, the jury gave Benson$100,000forpastpain and suffering and $400,000 for future pain and suffering.
Benson was an athlete who can no longer play sports because of the spinal injury, according to Nikas. She has been able to resume woddng .as a customer service representative at Travelers Insurance, he said.
"She's permanently afflicted;' Nikas said. "She can't even reach down to pick up her ll/2-year-oldson without severe pain!'
Varmette's insurance carrier, State Farm, was given an opportunity to settle the case for the insurance policy maximum of $100,000 before trial but refused, Nikas said.
The verdict can be appealed.
The lawyer appointed to handle the case by State Farm Insurance; Joseph Gianetti, did not return a phone call for comment Tuesday.
A Hannaford spokeswomancould not be reached for comment.Thcker could not bereached at home Wednesday.Nikas said he and attorneysfor Hannaford had attempted toreach an out-of-court settlement,but he and the company couldnot agree on a monetary award."Every area of her life vvA:->affected by thi s," Nikas sa id ."Her quality of life was literally ruined ."
Varmette admitted liability, and because she did so, the jury did not hear she had been charged withDWI, Nikas said. Instead, the trial focused on how much compensation Benson should receive.
After a five-day trial before state Supreme Court Justice DavidKrogmann, the jury gave Benson$100,000forpastpain and suffering and $400,000 for future pain and suffering.
Benson was an athlete who can no longer play sports because of the spinal injury, according to Nikas. She has been able to resume woddng .as a customer service representative at Travelers Insurance, he said.
"She's permanently afflicted;' Nikas said. "She can't even reach down to pick up her ll/2-year-oldson without severe pain!'
Varmette's insurance carrier, State Farm, was given an opportunity to settle the case for the insurance policy maximum of $100,000 before trial but refused, Nikas said.
The verdict can be appealed.
The lawyer appointed to handle the case by State Farm Insurance; Joseph Gianetti, did not return a phone call for comment Tuesday.
A Hannaford spokeswomancould not be reached for comment.Thcker could not bereached at home Wednesday.Nikas said he and attorneysfor Hannaford had attempted toreach an out-of-court settlement,but he and the company couldnot agree on a monetary award."Every area of her life vvA:->affected by thi s," Nikas sa id ."Her quality of life was literally ruined ."
