Passengers Injured When Vehicle Fails to Stop at Red Light 

VerdictSearch New York 

Settlement:     $425,000.00
Case:              Matilde Zapata, Ines Cardenas and Silva DeLarosa v. King Chee Lok a/k/a
                        Lok King Chee, Zu Chu Liang, Fernando Rivera, No. 13035/03
Court:             Queens Supreme
Judge:             Thomas J. Polizzi
Date:               8/10/2004

Plaintiff Attorneys:    Todd D. Greenberg, Addabbo & Greenberg, Forest Hills, NY

Defense Attorneys:   James J. Collins, McCabe, Collins, McGeough & Fowler, L.L.P.,
            Mineola, NY (Fernando Rivera)
            Kenneth M. Dalton, Daly, Dalton & Schermerhorn, P.C., New York,
            NY (King Chee Lok, Zu Chu Liang)

Facts & Allegations

On Dec. 6, 2002, plaintiffs Matilde Zapata, Ines Cardenas, and Silvia DeLarosa were passengers in a vehicle driven by Fernando Rivera, which was traveling northeast on Broadway at the intersection of Northern Boulevard in the Woodside section of Queens.  As Rivera entered the intersection, his vehicle was struck in the passenger side by the front of a vehicle driven by King Chee Lok, which was traveling west on Northern Boulevard. 

Zapata, Cardenas, and DeLarosa sued the owner of the vehicle, Zu Chu Lian, Rivera and Lok.  They claimed that Lok failed to stop at the red light and was speeding.  They also claimed that Rivera failed to make any evasive actions to avoid the collision.

The court would have heard testimony from the police officer who responded to the scene.  He would have testified that Lok stated that the sun was in his eyes and could not see the red light.

Injuries/Damages

Zapata sustained a right anterior wall acetabulum fracture, a right ischium fracture and a bilateral superior and bilateral inferior pubic rami fracture.  She also sustained a comminuted fracture of the right sacral alum.  Zapata, who was hospitalized for 30 days, did not undergo surgery, however, she received two months of physical therapy and required a cane to ambulate until October 2003.  Zapata claimed that she continues to suffer pain daily from the accident, which has prohibited her from taking walks.

Result

The partied reached a $425,000.00 settlement, which was mediated by Judge Dontzin of JAMS. 

Plaintiffs

            Ines Cardenas
            Silvia DeLarosa

            Matilde Zapata

Demand          None reported

Offer               None reported

Insurers
            General Assurance for Fernando Rivera
            Lombard Canada for King Chee Lok and Zu Chu Liang 

Plaintiff Expert
            None reported
 

Defense Expert
            None reported
 

Post-Trial
            None reported
 

EditorÕs Note

            None reported

PlaintiffsÕ Demographics
            Ines Cardenas
                        Age: None reported
                        Occupation: None reported
                        Gender: None reported
                        Married: None reported
                        Children: None reported
                        Children Description: None reported           

            Silvia DeLarosa
                        Age: None reported
                        Occupation: None reported
                        Gender: None reported
                        Married: None reported
                        Children: None reported
                        Children Description: None reported

 Written by Peter Hayes