Vol. 56 No. 1

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Failure to yield to ambulance at intersection

January 2020

Brandon Dorsa, 32, was riding in an ambulance while working as an EMT. Responding to an emergency, the ambulance driver entered an intersection in downtown Brooklyn and proceeded through a red traffic signal with emergency sirens and lights activated. An SUV operated by Terrence Moore broadsided the ambulance, causing it to overturn.

Dorsa suffered a pars fracture at L4 and a concussion. He has been diagnosed as having post-concussion syndrome and post-traumatic stress disorder and has attempted suicide seven times. He also suffers from chronic pain.

Dorsa sued Moore, alleging that he failed to yield to the ambulance and was speeding. Suit did not claim lost income or medical expenses.

The jury awarded $11.5 million. The case was resolved pursuant to a pretrial high-low agreement with a $1.25 million limit.

Citation: Dorsa v. Moore, No. 2676/16 (N.Y. Sup. Ct. Kings Cnty. May 20, 2019).

Plaintiff counsel: Peter S. Thomas, Forest Hills, N.Y.; and Jay Flatow, New York City.

Plaintiff experts: Raj Tolat, physical medicine, Valley Stream, N.Y.; and Howard Forman, forensic psychiatry, Bronx, N.Y.

Defense experts: Tara Brass, psychiatry, New York City; and Dorothy Scarpinato, orthopedic surgery, Melville, N.Y.