_____________________________

JANE DOE,

Plaintiff,                                                                 Index No.: 1234/2017

-against-

JOHN SMITH and                                             VERIFIED BILL OF PARTICULARS
SALLY SMITH,

Defendants.

_____________________________

Plaintiff, by her attorney, Law Offices of Stuart DiMartini, as and for her Verified Bill of Particulars in response to the demand of defendants, hereby alleges upon information and belief as follows:
1. At the time of the accident and at the time of the filing of the Summons and Complaint, plaintiff resided at ______________________.
2. Plaintiff’s date of birth is _____________. In light of State and Federal Social Security Privacy Laws and the likelihood of this document becoming a public record, plaintiff’s complete Social Security number will be provided under separate cover. The last four digits of plaintiff’s Social Security Number are XXX-XX-1234.
3. Plaintiff’s maiden name is ________.
4. The accident occurred on September 1, 2014, at approximately 7:55 a.m.
5. The accident occurred at _____________ at its intersection with ____________, New York, NY.
6. Plaintiff was traveling in a northerly direction on __________, when the vehicle being operated by defendants traveling in a westerly direction on _________, failed to stop at the red light controlling traffic traveling in his direction and collided into plaintiff’s vehicle causing plaintiff’s vehicle to enter the southbound lanes of ____________ and strike the vehicle being operated by defendant traveling in a southerly direction on _________.
7. Plaintiff was the owner and operator of the vehicle involved in the subject accident.
8. The accident was caused by the negligence, careless, and/or recklessness of defendants in the ownership, operation, management, maintenance, and control of their motor vehicle; in failing to properly steer, guide, maneuver, and control said motor vehicle; in operating and driving said motor vehicle at an excessive, dangerous and/or illegal rate of speed under the prevailing circumstances; in failing to have said motor vehicle under proper and reasonable control; in failing to keep a proper lookout for other vehicle on the road; in failing to give any warning, notice or signal of the approach of said vehicle; in failing and omitting to provide or make prompt or timely use of adequate brakes and steering mechanisms; in failing to take appropriate and reasonable evasive action so as to avoid the accident; in failing to slow down or stop when in the exercise of due care she should have seen that the circumstances called for same; in failing to yield the right of way to the plaintiff’s vehicle; in driving while distracted; in failing to stop for a red traffic signal then and there existing that was controlling traffic traveling in defendants’ direction; in violating those statutes, ordinances, rules and regulations in such cases made and provided, of which this Court will take Judicial Notice at the time of the trial of this action.
9. There are no other co-defendants in this action.
10. Defendants violated the following statutes, ordinances and laws: Vehicle and Traffic Law § 1101 entitled “Required obedience to traffic laws;” § 1110 entitled “Obedience to and required traffic-control devices;” § 1111 entitled “Traffic-control signal indications;” § 1146 entitled “Drivers to exercise due care;” § 1180 entitled “Speed Restriction, Basic rule and maximum limits;” § 1212 entitled “Reckless driving;” and 34 RCNY §4-03 entitled “Traffic Signals;” and 34 RCNY §4-06 entitled “Speed Restrictions.”
11. Loss of use of property is not a part of this claim.
12. Damage to property is not a part of this claim.
13. (a) As a result of the carelessness, negligence and/or recklessness of defendants, plaintiff was caused to sustain the following injuries:
– Left shoulder sprain
– Blunt trauma left shoulder
– Partial tear left rotator cuff and impingement
– Partial tear of the supraspinatus tendon, left shoulder
– Cervical spine sprain
– Right paracentral herniation at C4-5 with cord impingement
– Cervical radiculopathy
– Straightening of the cervical lordosis
– Lumbar spine sprain
– Broad based disc bulge at L4-5 impinging on the neural canal
– Scoliosis
– Post-traumatic adjustment disorder with mixed anxiety and depressed mood
– Post-surgical scarring
On ____________, plaintiff underwent left shoulder arthroscopy, debridement of rotator cuff, subacromial decompression, distal clavicle resection, with injection of marcaine for postoperative analgesia.
(b) Upon information and belief, all of the above injuries are permanent in nature and duration. Said injuries are accompanied by severe pain, tenderness, swelling, stiffness, discomfort, distress, weakness, restriction of motion and with related injuries, damages, compromise and degeneration of the underlying soft tissues, blood vessels, bones, nerves, tendons, ligaments, and musculature and all of the natural consequences flowing therefrom.
(c) Upon information and belief, any temporary injuries such as bruises or abrasions subsided shortly after the subject accident.
(d & e) Plaintiff is not aware of any pre-existing condition. However, plaintiff has suffered impairment of spinal integrity as a result of the subject accident that predisposes her to an activation, exacerbation and/or aggravation of any quiescent and asymptomatic spondylitic changes, osteoporosis, arthritis, hypertrophic vertebral changes, narrowing of vertebral spaces, degenerative vertebral or disc changes, and/or aggravation, activation and/or precipitation of any underlying hypertrohpoic, degenerative, arthritic, circulatory, arterial, venus or systemic condition. In addition, any and all of the above injuries at/or near a body joint will result in traumatic arthritis and/or onset of arthritis, osteoarthritic involvement, osteoporosis and/or necrosis at an earlier age, at an accelerated rate and with greater severity than would have otherwise occurred.
(f) Upon information and belief, any activation, exacerbation and/or aggravation of any quiescent and asymptomatic spondylitic changes, osteoporosis, arthritis, hypertrophic vertebral changes, narrowing of vertebral spaces, degenerative vertebral or disc changes, and/or aggravation, activation and/or precipitation of any underlying hypertrohpoic, degenerative, arthritic, circulatory, arterial, venus or systemic condition is permanent in nature and duration.
(g) Plaintiff is not aware of any temporary activation, exacerbation and/or aggravation of a pre-existing condition.
14. Plaintiff sustained a “serious injury” as defined by § 5102 (d) of the Insurance Law in that she sustained significant disfigurement; permanent loss of use of a body organ, member, function and/or system; permanent consequential limitation of use of a body organ and/or member; significant limitation of use of a body function and/or system; and a medically determined injury or impairment of a non-permanent nature which prevented the plaintiff from performing substantially all of the material acts which constituted her usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
15. (a) Plaintiff was confined to bed for approximately one week immediately following the accident. Plaintiff was also confined to bed for approximately two weeks immediately following her surgery on _____________.
(b) Plaintiff was confined to home for approximately five months immediately following the accident, with the exception of periodic visits to her doctors.
(c) Plaintiff was incapacitated from employment from the time of the accident through March 2, 2012.
(d) Plaintiff was incapacitated from performing all heavy household duties for approximately five months immediately following the accident.
(e) Plaintiff was not a student at the time of the accident.
16. (a) Plaintiff received emergency care on ______, at ____________.
(b) Plaintiff’s surgery was performed on ______, at ____________.
17. (a) Plaintiff is employed by ____________.
(b) Plaintiff was not self-employed at the time of the accident.
(c) Plaintiff was ___ years old at the time of the accident.
(d) Plaintiff’s occupation is a _________.
(e) Plaintiff’s gross earnings are approximately $1,317.00 bi-monthly.
(f) Plaintiff was not a student at the time of the accident.
18. Plaintiff’s lost earnings are $15,804.00 for the 24 weeks missed at a rate of $1,317.00 bi-monthly.
19. (a) Physicians’ services are estimated at $12,000.00.
(b) Radiology services are estimated at $1,500.00.
(c) Drugs are estimated at $500.00.
(d) Hospital and surgical center services are estimated at $7,000.00.
(e) Plaintiff did not receive nursing services.
(f) Plaintiff did not receive dental services.
(g) Ambulance services are estimated at $500.00.
(h) Therapy services are estimated at $15,000.00.
(i) Plaintiff did not receive custodial care.
(j) Plaintiff did not receive in-patient rehabilitation services.
(k) Plaintiff is not aware of any other special damages at this time.
20. Upon information and belief, plaintiff has received no-fault benefits through _____________.
21. Loss of services is not a part of this claim.
22. Plaintiff sustained basic economic loss greater than basic economic loss in that, upon information and belief, her medical expenses and lost wages exceed $50,000.00.
23. Plaintiff is not aware of any other item of special damages at the present time.
24. Plaintiff demands damages on the First Cause of Action in the amount of Ten Million ($10,000,000.00) Dollars, plus interest, costs and disbursements of suit.
25. A dangerous or defective condition is not a part of this claim.
26. Prior repairs are not a part of this claim.
27. Prior repairs are not a part of this claim.
28. Actual or constructive notice is not a part of this claim.
29. Actual notice is not a part of this claim.
30. Constructive notice is not a part of this claim.
31. A safe work place is not a part of this claim.
32. A contract is not a part of this claim.
33. Construction work is not a part of this claim.
34. Construction work is not a part of this claim.
35. The limitations set forth in Article 16 of the CPLR do not apply to any person held liable by reason of his/her use, operation, or ownership of a motor vehicle [CPLR § 1602 (6)]; and/or to any person held liable for causing claimant’s injury by having acted with reckless disregard for the safety of others [CPLR § 1602 (7)].
Dated: New York, NY

__________________________
Stuart DiMartini, Esq.
Law Offices of Stuart DiMartini
Attorney for Plaintiff
1325 Sixth Avenue, 27th Floor
New York, NY 10019
(212) 518-1532

To: Attorney(s) for Defendants

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
__________________________________
JANE DOE,

Plaintiff,                                                                                      Index No.: 1234/2017

-against-

JOHN SMITH and
SALLY SMITH,

Defendants.

__________________________________

______________________________________________________________________

VERIFIED BILL OF PARTICULARS
______________________________________________________________________

Law Offices of Stuart DiMartini
Attorneys for Plaintiff
1325 Sixth Avenue, 27th Floor
New York, NY 10019
(212) 518-1532

NOTICE PURSUANT TO 22 NYCRR, SUBSECTION (c) OF SECTION 130-1.1:

The attached VERIFIED BILL OF PARTICULARS to the best of the undersigned attorney’s knowledge, information and belief, formed after an inquiry reasonable under the circumstances, are not frivolous as defined in subsection (c) of Section 130 – 1.1 of 22 NYCRR.

Dated: New York, NY

_____________________
Stuart DiMartini