County faces $1.6M payout State justice rules in favor of man who sued over 2000 crash; officials plan appeal
By LAUREN STANFORTH, Staff writer First published: Tuesday, October 30, 2007
SCHENECTADY -- A state Supreme Court justice has ruled that Schenectady County must pay $1.6 million to a man who claimed he suffered brain injuries in a car accident allegedly caused because a roadside drainage ditch was built too steep and had no guardrail around it. A jury originally awarded Vincenzo Popolizio, 56, $4.6 million for pain and suffering after a one-week civil trial in April. But state Supreme Court Justice Vincent J. Reilly Jr. ruled Oct. 19 on a county appeal that that amount wasn't reasonable and dropped the damage award by $3 million.
Still, the county wants the case thrown out altogether. James Resila, an attorney who is representing Schenectady County in the litigation, said it's the largest jury award against the county in at least 10 years.
The county plans an appeal to the Appellate Division of state Supreme Court.
"It was an usual verdict, that's for sure," Resila said.
Popolizio was driving on Gallupville Road in Duanesburg on the snowy night of Dec. 19, 2000. He said in court documents that he was driving down a steep incline and approaching a sharp right curve when he lost control of the vehicle. The car slid into the southbound lane and off the road, landing in a drainage ditch next to the road.
Popolizio said that when his car hit the drainage ditch, his head smashed into the windshield, causing something called postconcussive syndrome. The syn drome, which is still debated in the medical community, has been known to cause lasting symptoms such as headaches, dizziness and impaired memory. Physicians testified on Popolizio's behalf at the trial about his symptoms.
Popolizio argued that he would not have suffered his injury if there had been a guardrail around the ditch or if the ditch wasn't built so steep.
In April, the jury agreed with Popolizio's argument, awarding him $1 million for past pain and suffering and $3.6 million to compensate for 23 years "of future pain and suffering and loss of employment for life."
Schenectady County said Popolizio was driving over the 15 mph speed limit (possibly between 15 and 20 mph by his own admission in testimony, Resila said) and that the snow was the only other contributing factor in the accident.
In the original trial, the county requested a verdict directly from the justice, and not the jury, before and after the trial concluded. But Reilly, in the original trial, rejected both requests.
According to the appeal documents filed in the county clerk's office Oct. 19, Schenectady County argued the case should be overturned based on 10 different points of law. But Reilly disagreed with all, save for the contention that the award was too high.
Reilly dropped the award to $350,000 for past pain and suffering and $1.25 million for future pain and suffering.
Popolizio's attorney, Andrew Kirby, couldn't comment without talking to Popolizio, who couldn't be reached Monday.
Stanforth can be reached at 454-5697 or by e-mail at lstanforth@timesunion.com.
SCHENECTADY Accident victim awarded $1.6M for crash injuries; county to appeal Businessman hurt in 2000 incident BY MICHAEL LAMENDOLA Gazette Reporter Reach Gazette reporter Michael Lamendola at 395-3114 or lamend@dailygazette.com
A State Supreme Court judge reduced to $1.6 million a $4.6 million award against Schenectady County while confirming the jury’s decision the county was negligent in an accident that caused a local man’s traumatic brain injury. Judge Vincent J. Reilly Jr. called the initial award excessive and said it deviated from “reasonable compensation for similar injuries.” He awarded Vincenzo Popolizio, 56, $1.25 million for future pain and suffering over the next 23 years and $350,000 for past pain and suffering. Popolizio’s attorney, Andrew Kirby, said, “I am not going to issue an opinion on the judge’s opinion, but I believe the jury, after listening to the proof and with their collective wisdom, came up with a fair number for the injuries he suffered.” He said the initial award is “comparable for that type of brain injury.” Reilly’s Oct. 11 decision is the result of an appeal filed by Schenectady County, which sought to overturn the entire award. Attorney James Resila, who represented the county, was not available for comment. County Attorney Chris Gardner said the award is covered entirely under the county’s insurance policy. “Even if the $1.6 million sticks, the taxpayers are fully protected,” he said. Popolizio’s was the fi rst accident on the road in recorded county history, he said. The county has filed a notice of appeal against Reilly’s decision in the Appellate Division of State Supreme Court. It also has a second notice of appeal pending in the same court that seeks a summary judgment to the case. The state Appellate Court is scheduled to hear this appeal Nov. 19, Gardner said. “We stand an excellent chance of having the whole thing thrown out,” he said. A Schenectady County jury issued the $4.6 million award April 24, following a week-long before Reilly, said Kirby. Popolizio is the former owner Taylor & Vadney Sporting Goods, 3071 Broadway. He sold the store following his Dec. 19, 2000, accident on Gallupville Road in Duanesburg. According to court testimony, Popolizio lost control of his Honda as he traveled down a steep incline on the snow-covered road and toward a sharp right-hand. The vehicle slid across the southbound lane and off the shoulder, crashing into a deep drainage ditch adjacent to the road. Popolizio testified he smashed his head into his vehicle’s windshield, suffering a brain injury. Kirby said the jury heard from three medical experts “well-versed in analyzing deficit and traumatic brain injuries. They also heard from Mr. Popolizio and his friends and family, and all testified he had suffered a traumatic brain injury.” He said Popolizio “will have to live with this for the rest of his life.” Kirby said the county did not have to dig the ditch, which he described as V-shaped and 5 feet deep. “They could have used gravel and smoothed it over. There was no study, no plan,” he said. “The ditch did not comply with state Department of Transportation standards, which classified it as potentially hazardous, and their own expert said the ditch was non-traversable.” Gardner said the ditch “meets all applicable standards for rural roads.” Since the accident, the county installed new warning signs and modified the ditch, although it remains steep, he said. The county plans to make the ditch shallower, but it must first obtain easements from adjacent property owners. Gardner said the county’s engineering department said the location does not warrant guardrails.
Logged
