Scalia v. Filipowicz

Automobile Accident - Negligence - This claim arose out of a motor vehicle collision between Sam Scalia, now deceased, and Arthur M. Filipowicz, who was then, and remains a resident of Union, New Jersey. On the day of the accident, Sam Scalia and his wife, Susan Scalia, were traveling east on Sound Avenue in the village of Riverhead approaching its intersection with Northville Turnpike. Sam Scalia was operating the vehicle, and Susan Scalia was a front seat passenger. Defendant Filipowicz was operating his vehicle west on Sound Avenue, and both vehicles were within the lawful speed limit at the time. As the two vehicles approached each other, the defendant attempted to turn left across the eastbound lane in front of the approaching Scalia vehicle. Neither the defendant, nor his passenger wife, saw the Scalia vehicle prior to impact, in spite of a clear, unobstructed view. The vehicles collided immediately as the defendant's vehicle entered the plaintiff's lane, resulting in left front damage to each vehicle. The facts developed from discovery reflect that Sam Scalia had no opportunity to avoid the collision.

Following the collision the Scalias were taken by ambulance to the emergency room of Central Suffolk Hospital in Riverhead, New York, where both were admitted. Susan Scalia was treated for a spiral fracture of the right humeral shaft, acute cervical strain, concussion, traumatic synovitis of the knees, multiple contusions and abrasions, severe ecchymosis of the face and eye orbit, traumatic left hemorrhage of the eye, and fractures of numerous ribs on the left side. She was subsequently admitted to another hospital six weeks later for pneumonia and thrombophlebitis, resulting from her sedentary condition and an aggravation of an underlying vascular problem.

Sam Scalia was immediately tranferred to a regional trauma center at University Hospital in Stony Brook, New York. While at Univeristy Hospital, he was placed in the surgical ICU for approximately six weeks. He underwent two neurosurgical procedures for subdural hematomas and hygromas. While hospitalized, he sustained a myocardial infarction, and was treated for multiple traumatic orthopedic injuries, including fractures of the left patella, right tibial plateau, left distal radius, right clavicle, left ishium, and multiple head injuries. After discharge from University Hospital, he was transferred to a rehabilitation facility and to other institutions for physical therapy, cognitive therapy and related treatment through June 1997. He was released approximately seven months post accident. Upon discharge to his home, he remained on home therapy and was confined to a wheelchair, having lost the ability to ambulate.

The Estate of Sam Scalia alleged that as a result of the complications from his numerous traumatic injuries, and in particular his head injuries and myocardial infarction, Sam Scalia suffered a cerebral stroke on June 21, 1998, which led to his eventual death on August 21, 1998. According to Joseph Scalia and Amos Gern, their clients' total medical expenses of approximately $400,000, together with funeral expenses for Mr. Scalia of over $11,000, would have been introduced into evidence at trial. While New Jersey PIP benefits are normally not admissible into evidence in an automobile negligence case, the Scalias received benefits pursuant to the New York No-Fault law. As a result, NJSA 39:6A-12 (which bars PIP expenses from being admissible in a civil adtion) would not have applied to this lawsuit. While the defense disputed this issue, it played a considerable role in the resolution of the case.

While the defense did not dispute its insured's liability with respect to operation of the vehicle, a strong seatbelt defense was asserted on the issue of proximate cause for the injuries sustained by the Scalias. The proofs reflected that the Scalias wore automatic passive shoulder harnesses, but failed to wear lap belts at the time of the accident. Both the plaintiffs and the defendant retained seatbelt experts and medical experts who addressed the issue of the extent of injury which would have been sustained by the plaintiffs had they been wearing lap belts. Plaintiff's had filed a motion in limine with respect to various evidential issues relating to the seatbelt defense, choice of law issues, and the propriety of introducing medical expenses into evidence, when this matter was settled.

Plaintiffs settled for $750,000.00 with $500,000 going to the Estate of Sam Scalia and $250,000 apportioned to Susan Scalia from a total of $1 million dollars in available coverage, which was the limit of the policy held by New Jersey Manufacturers Insurance Company.

Unknown

Unknown

Plaintiff was a resident of Setauket, New York (Suffolk County).