Trial Magazine

Margarita Martinez was crossing a city street in the crosswalk when Robert Lane, driving a van for Premium Laundry, began turning left into the intersection. The van struck Martinez, 79, and dragged her several car lengths.

Martinez sustained multiple severe injuries, including fractures to her ribs, spine, pelvis, and left tibia and fibula; a lung contusion; and a facial laceration. She was taken to a hospital emergency room but died of respiratory and cardiac arrest within the hour. She is survived by her husband, Mario.

Mario Martinez, individually and on behalf of his wife’s estate, sued Premium Laundry under respondeat superior, alleging that Lane was negligent in failing to pay proper attention to his driving and yield to a pedestrian in the crosswalk. The plaintiffs asserted that Martinez had a walk signal as she entered the crosswalk.

Among other damages, the plaintiffs sought recovery for Martinez’s conscious predeath pain and suffering, arguing that she experienced approximately 40 minutes of pain before her death. The plaintiffs presented testimony from paramedics that when they arrived on the scene, Martinez was responsive and was moving her arms and legs. A pre-hospital care report also indicated that Martinez scored a four out of four in the Glasgow Coma Scale’s eye response category, showing that she was opening her eyes spontaneously.

The defendant argued that Martinez was not in the crosswalk but was attempting to cross the street a few car lengths down the block. The defense argued that Martinez may have stepped out between parked cars, citing Lane’s statement that he never saw her before he felt a big bump and slammed on his brakes.

The defense also argued that Martinez’s overall low score of six out of 15 on the Glasgow Coma Scale—including one out of five in the verbal response category and one out of six in the physical response category—suggested that she was unable to experience conscious pain and suffering within minutes of being struck and the ambulance arriving.

The jury awarded approximately $10.6 million, finding the defendant 100 percent at fault. The award included $10.5 million in survival damages, including damages for Martinez’s conscious predeath pain and suffering, $92,400 to her husband for loss of future support and services, and $5,000 for funeral expenses.

Citation: Martinez v. Premium Laundry Corp., No. 304226/12 (N.Y. Sup. Ct. Bronx Cnty. May 1, 2017).

Plaintiff counsel: AAJ member Justin R. Hartman, New York City.

Plaintiff experts: Timothy M. Bussard, commercial trucking, Lancaster, Pa.; and Aric Hausknecht, neurology, New York City.

Defense expert: Howard Reiser, neurology, Huntington, N.Y.