Jimmy Garcia, a 67-year-old retiree, had a history of subdural hematoma and skull fracture, which had caused him temporary cognitive impairment.
Garcia was crossing a city street in a crosswalk when a floral truck owned and operated by George Seretis struck him after turning left out of a parking garage. Garcia suffered a fractured rib cage and severe skull fractures, which caused intracranial hemorrhages and a traumatic brain injury.
He underwent emergency brain surgery and later received extensive inpatient and outpatient rehabilitation. He now suffers hearing loss and attends a therapy center with cognitive impairments. Garcia sued the floral business and Seretis, alleging Sereits chose not to yield the right-of-way to a pedestrian in the crosswalk or identify what was in front of his van to avoid the collision.
The defendant maintained that Garcia had not been in the crosswalk at the time of the collision and that his injuries were in part pre-existing. The trial court ruled against the defendants on liability on a pretrial summary judgment motion. The court also ruled that Garcia’s injuries were causally related to the collision with the truck.
Before trial, the parties settled the case for $3 million.
The attorney representing Garcia was Skip A. LeBlang. Experts retained by the plaintiff were those in neuroimaging, neuropsychology, traumatic brain injury, neuro-otolaryngology, neurosurgery and a life-care planner. The defendants engaged the expert services of a rehabilitation expert and an otolaryngologist.
Garcia v. Lenox Hill Florist III, Inc., No. 20310/2012 (N.Y. Sup. Ct. Queens County, Dec. 23, 2014.)
Kreisman Law Offices has been handling automobile accident cases, pedestrian accident cases and bicycle accident cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Brookfield, Bridgeview, Justice, Hickory Hills, Clarendon Hills, Willowbrook, Lemont and Crestwood, Ill.
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