STATE OF NEW YORK
SUPREME COURT
:COUNTY OF
ERIENICOLE LENNERT,
PLAINTIFF'S VERIFIED
Plaintiff, BILL
OF PARTICULARS
-vs-
Index No.: 806186/2019
GREGORY
J.BALZANO
andBENJAMIN BALZANO
Defendants.
Plaintiff,
NICOLE LENNERT,
by and through her attorneys,SHAW & SHAW,
P.C., as and for her Verified Bill of Particulars in response to the
demand
of Defendants,GREGORY
J.BALZANO
andBENJAMIN BALZANO,
states upon information and belief as follows:1. The incident occurred on November 7, 2017 at approximately 4:00 p.m.
2. The incident occurred on the ramp connecting Transit Road and Sheridan
Drive in Amherst,
New
York.3. That the defendants were negligent, careless and reckless in the want of due
care and caution in the negligent ownership, permissive use, operation, maintenance,
management
and control of the motor vehicle; in failing to yield the right-of-way to othervehicles on the highway; in failing to have competent and reasonable control over the
motor vehicle; in operating and driving the motor vehicle at a greater rate of speed than
prudence and caution would permit under the circumstances and conditions then and there
existing to the knowledge of the defendant; in operating the motor vehicle at a greater rate
of speed than
was
prudent and reasonable and sufficiently slow so as to stop the motorSHAW S H AW, P C
ATTORNEY S AND COUNSELORSAT LAW
vehicle prior to the contact under the circumstañces and conditions then and there
prevailing to the knowledge of the defendant; in making an unsafe left turn into oncoming traffic on the highway; in failing to
make
timely and careful use and application of brakes,braking mechanisms, steering devices and other mechanisms of the motor vehicle; in
driving and operating the motor vehicle in an inattentive and unalert manner; in failing to
have said motor vehicle so equipped and in such a state of repair so as to prevent the
contingency which herein occurred; in that the defendant failed to keep his attention before
him and to his sides; in that the defendant failed to keep a proper lookout; in that the
defendant failed to take any precautions for the avoidance of said occurrence and
neglected to avoid colliding with the motor vehicle owned and operated by plaintiff which
was
then and there in plain view on the public highway; in failing to observe the roadway and traffic conditions prior to the occurrence; in failing to observe the weather conditions, road conditions and other hazards then and there existing; in speeding; in disregarding traffic control signals and lights; in failing to observe, and in disregarding, road markings;in operating a motor vehicle in a negligent, careless and reckless manner; in failing to keep
the motor vehicle under proper control given the traffic conditions, road conditions and
weather conditions at the point and place of the occurrence; in following too closely; in that the defendant operator
was
heedless and inattentive and failed to avoid the occurrence,although in the exercise of reasonable care and caution, he could have and should have
done so; in causing, permitting and allowing the motor vehicle to
come
into violent contact with the motor vehicle owned and operated by plaintiff; in that the defeñdañt failed to obey traffic signals; and that the defendant failed to keep proper, prudent and adequate controlSHA SHAW, PC
ATTORNEYS AND COU NSELORSAT LAW
over the motor vehicle he
was
operating.4. As a result of the aforesaid occurrence, Plaintiff sustained the following
serious injuries:
A) Significant and substantial injuries to the neck, back, spine and
shoulders;
B) Concentric disc bulges at C3-4 and C5-6;
C) Central subligamentous disc herniation indenting the anterior aspect
of the thecal sac at C4-5;
D) C5-6 disc space narrowing, disc dessication, and concentric disc
bulge;
E) Anterolisthesis at C3-4 and C4-5;
F) Displacement of cervical IVD;
G) Myalgia;
H) Thoracic pain/thorcalgia;
I) Thoraco myofascitis;
J) Necessity of manipulation of cervical and thoracic spine requiring
anesthesia procedure performed on June 29, 2018, June 30, 2018
and July 1, 2018;
K) Cervicalgia;
L) Cervical radiculopathy;
M) Cervical spondylolisthesis;
N) Reversal of the normal cervical lordosis;
SH AW SWI AW, PC
ATTORNEYS AND UNSELORSAT LAW
O) Anterior subluxation of C3-C4;
P) Anterior subluxation and narrowing of the intervertebral. foramina
bilaterally at C5-C6 with endplate spurring;
Q) facet joint narrowing in the upper cervical spine at C7-T1;
R) Sensory pain fiber radiculopathy in the left
C3
posterior division of thecervical spine;
S) Segmental and somatic dysfunction of cervical and thoracic regions;
T) Sprain of cervical and thoracic spine ligaments;
U) Post-traumatic headaches;
V) Contracture of muscles;
W)
Decreased range of motion in cervical spine;X) Rotary curve of lumbar spine;
Y) Retrolisthesis at L5-S1;
Z) Necessity of extensive pain
management
including medication,injections, physical therapy and chiropractic manipulation;
AA) Permanent pain, limitation and restriction of motion, weakness,
function and use of the injured areas;
BB) Injury including sprain and strain of the injured areas, with tenderness
and limitation of motion, together with involvement of the muscles,
bones, nerves, tendons, blood vessels, soft parts of these areas;
CC) Altered biomechanics of the injured areas;
DD) Adaptive changes in the injured area;
S H AW S H AW, P C
ATTORNEYN AND COLTNNFI ORS AT LAW
EE) Future, progressive, degenerative, erosive and arthritic changes;
FF) Injury to the nerves, blood vessels, ligaments and surrounding soft
tissues of the injured areas;
GG)
Loss of body functions;HH) Sleep disturbances;
II) Emotional reaction to the injuries;
JJ) Loss of enjoyment and quality of life;
KK) Aggravation, activation or precipitation of previously asymptomatic
and/or symptomatic degenerative disc disease of the spine.
The practicality and true benefits of surgery to one or more of the injured
areas
may
be considered in the future and, upon information and belief, Plaintiffmay
require surgery to one or more of the injured areas.
Upon information and belief, Plaintiff's injuries are permanent, and
Plaintiff
now
has a permanent disability and is subject to future evaluation and treatment.The foregoing injuries directly affected the skin, bones, tendons, ligaments,
nerves, and blood vessels, relating to injuries set forth herein, as well as the cartilage of
the injured sites with sympathetic radiating pains, organic functional disturbances and soft
tissue
damage
with resultant lesions, adhesions, arthritis/arthrosis, and scarriñÿ thatcaused further pain. The above includes, but is not limited to, the sequelae of said injuries
and the resultant medical developments and complications.
SHAW SHAW, PC
ATTORNEYS AND COUNS£LORS AT LAW
Plaintiff caññot, at this time, state fully and totally all of the injuries sustained
by this Plaintiff inasmuch as Plaintiff is at present the recipient of ongoing medical and/or rehabilitative care and treatment, resulting in the practical impossibility of obtaining the
entire record. In order to negate need!ess duplication, Plaintiff incorporates, by reference,
all of the hospital and medical records for which authorizations have been, or will be,
furnished in conjunction with the medical exchange rules and/or indepeñdeñt physicians'
reports heretofore furnished and/or to be furnished.
Plaintiff claims all complications that
may
arise from treatment and any futuretreatment, including but not limited to, drug interactions, complication of anesthesia, and
all surgical procedures that
may
be applied and other complications of any medicalprocedures.
As
a result of the injuries, Plaintiff has suffered an inability or diminishedability to function in normal day to day life. Plaintiff suffers an extreme susceptibility to
re-injury or further and future injury to her body as a result of being weakened by her
injuries. In addition, Plaintiff suffered severe and extreme mental and emotional conscious pain and suffering, stress, and anxiety from the incident with consequential psychological
overlay that would naturally result from such injuries.
Plaintiff claims all future injuries that will result from the loss of strength and
ability to
move
her extremities, any subsequent loss of circulation and/or atrophy,consequential feeling of coldness or loss of temperature in parts of the body, and the
inability to use or
move
parts of the body.SHAW SHAW, P C
ATTORNEYS AND COUNSÂ ORS AT LAW
Upon information and belief, all of the aforesaid injuries are permanent and
lasting.
The
aforesaid have, and will continue in the future, to affect every facet of thePlaintiff's pre-accident status with resultant damages. In addition, Plaintiff will be unable to be gainfully employed and/or to obtain any or all of the goals and objectives of a fulfilling life and/or enjoyment of life.
5.
See
response toNumber
4.6. Upon information and belief, Plaintiff sustained the following serious injuries:
• Fracture;
• Permanent loss of use of a body organ, member, function or system;
• Permanent consequential limitation of a body organ or member;
• Significant limitation of the use of a body function or system;
• medically-determined injury or impairment of a non-permanent nature
which prevented and prevents the injured Plaintiff from performing
substantially all of her material acts which constituted her usual and
customary daily activities for more than 90 days during 180 days
following the occurrence.
7. From the date of the accident and continuing , the Plaintiff, at times,
depending upon her day-to-day physical condition and activity level, has been confined to
bed as well as the house.
8. At the time of the accident, the Plaintiff
was
employed by National Fuel asa Customer Service Representative. Plaintiff earned approximately $943.20 per week.
SHAN SMAW, P C
ATTORNEY S AN D CO UNS Ì^ORSAT LAW
9. Plaintiff's employer
was
National Fuel, 6363 Main Street, Buffalo,New
York14221.
10. Plaintiff has been incapacitated from employment to
some
degree from thedate of the accident and continuing to date depending upon her day-to-day physical
activities and condition.
11. Plaintiff is unable to respond to this
demand
at this time given the fact thatthe claim for lost earñiñgs is continuing in nature and Plaintiff has not yet reached
maximum
medical improvement. Plaintiff reserves the right to supplementsame
uponcompletion of discovery.
12. Plaintiff's date of birth i Her place of birth is Buffalo,
New
York.The last four digits of her social security number are Plaintiff's address
was
and is12148 Nice Road, Akron,
New
York 14001.13. Plaintiff is unable to respond to this
demand
at this time but reserves theright to supplement
same
upon completion of discovery herein.14.
Upon
information and belief, and without limitation, the Defeñdañts violatedthe following sections of the Vehicle and Traffic Law, hereiñafter referred to as the VTL:
VTL
§1180(a), 1180(e), 1129. In additioñ, the Plaintiff will rely upon the proof adducedduring the course of discovery, and at the trial of this action, and upon the charge of this
Court, and will rely upon each and every statute and ordinance which such demonstrates
was
violated by the Defendants.15. Not applicable.
16. The
damage
to Plaintiff's vehicle totaled $1,771.84.SH AW S H AW, P C
ATTORNEYS AND COUNSELORSAT LAW
17. The Plaintiff
was
driving a 2015 Nissan Altima. The reascñable market valueis unknown at this point in time.
DATED: July 18, 2019
Hamburg,
New
YorkSHAW
&pFf , .Leo? ard D. Zacca b
Attorneys for PI-intiff
Office and Post Office Address 4819 South Park Avenue
Hamburg,
New
York 14075(716) 648-3020 Telephone (716) 648-3730 Fax lzaccagnino@shawlawpc.com
TO: Martyn and Martyn
Attorneys for Defendants
Office and Post Office Address 330 Old Country Road, Suite 211 Mineola,
New
York 11501(516) 739-000 Telephone
SHAW S14AW, PC
ATTORNEYS AND COUNSELORS AT LAW
STATE
OF NEW YORK
) )ss.:COUNTY OF
ERIE )Nicole Lennert, being duly sworn, deposes and says that she is the Plaintiff in the
within action; that she has read the foregoing Bill of Particulars and knows the contents thereof;
that the same is true to her own knowledge, except as to the matters therein stated to be alleged
upon information and belief, and that as to those matters, depci e tSlieves it to ue.
c
M d MIl
Niedlelennert
Sworn to before
me
this25
day of . 2019otary Public
SHAWNM WEBER Notary Public - State of New York
NO.01WE6326753 Qualified in Erie County My Commission Expires Jun 22, 2023
SHAW SHAW, PC
ATTORNEYS AND COT'NSELORSAT 1AW