PLEASE TAKE NOTICE that the plaintiff gives the following as and for his Bill of Particulars herein: 1. The accident occurred on July 15th, 1930, at approximately 8:15 p. m. 2. The accident occurred at the intersection of the Southern State Parkway and 20 Little Neck Road, in the village of North Bellmore, Town of Hempstead, Nassau County, New York. 3. The defendant was negligent in that the brakes and appliances of defendant's automobile were in a defective, dangerous and out of order condition; in that the defendant was travelling at a careless and excessive rate of speed; in that he failed to slow down for an intersection, in that he failed to give any warning signal of his approach, and in that he failed to heed the 21 warning signal of the fire truck. 4. The plaintiff sustained a fracture of the left ilium, a fracture of both rami, a fracture of both pubic bones and a fracture of the body of the right pubic bone; a fracture of the left ulna 21⁄2 inches from its lower end, and a subluxation of the right acromio-clavicular joint. The right clavicle was torn completely loose from its articulation with the acro 22 23 24 Plaintiff's Bill of Particulars. mium process of the scapula, and protrudes markedly above and to the back of its normal articulation. The right shoulder blade at this joint is tipped markedly forward. The plaintiff also sustained severe internal injuries of the bladder and urethre. The plaintiff, as a result of his injury, has an atrophy of the left thigh, the muscles are wasted and flabby, and there is a marked impairment of function. As a result of the fractures, the pelvis is deformed and distorted, the motion of the left hip joint limited, and flexion and abduction of the left thigh markedly limited, causing the plaintiff to walk with a decided limp. The fracture of the ulna has united with considerable deformity, as a result of which there is seventy-five (75%) percent limitation of motion in pronation and supination. The unreduced dislocation of the right acromio-clavicular joint, together with the presence of irregular masses of bone formation due to periosteal irritation, resulted in a deformity of the right shoulder and an interference with function of the right arm. All of the plaintiff's injuries, above referred to, are permanent. The plaintiff has been wearing a sacroiliac belt for a period of five months, and is informed that he will have to wear this belt for an indefinite period of time. 5. The plaintiff is a painter by trade, and earned nine ($9.00) dollars per day. Additional Bill of Particulars. The plaintiff has been incapacitated and 25 6. The plaintiff has incurred for hos- Dated, New York, January 12th, 1931. To: Yours, etc., WILLIAM F. LALLY, Attorney for Plaintiff, JAMES E. TURNER, ESQ., 26 (Duly verified by plaintiff January 12th, 1931.) 27 Additional Bill of Particulars. SUPREME COURT, NASSAU COUNTY. [SAME TITLE.] Sir: PLEASE TAKE NOTICE that in addition to the Particulars given in plaintiff's Bill of Particulars, Additional Bill of Particulars. 28 dated, January 12th, 1931, the plaintiff gives the following additional particulars: 29 a. In addition to the fractures of the pelvis mentioned in paragraph "Four" of the Bill of Particulars, the plaintiff sustained a fracture through the ischium, making in all seven (7) fractures of the pelvis. b. In addition to the other permanent injuries in the plaintiff's Bill of Particulars, dated January 12th, 1931, the plaintiff claims a permanent shortening of the right leg of three-quarter inches. Dated, New York, January 16th, 1931. 30 To: Yours, etc., WILLIAM F. LALLY, Attorney for Plaintiff, 51 Chambers Street, Borough of Manhattan, City of New York. JAMES E. TURNER, ESQ., (Duly verified by plaintiff on January 16th, 11 Extract From Clerk's Minutes. At a Trial Term of the Supreme 27th, 28th and 29th days of Jan- Present-HON. EDWARD J. BYRNE, Justice of Supreme Court. [SAME TITLE.] 31 32 WILLIAM F. LALLY, Attorney for Plaintiff. This cause having been called in its regular order on the Calendar, on motion of William F. Lally, Attorney for the Plaintiff ordered that a jury be called and this cause tried. Jury duly drawn, called and sworn, or affirmed, and cause tried. The Jury retired in charge of a sworn officer, and subsequently they came into Court, and being called, say by a sealed verdict that they did find a verdict in favor of the defendant. Plaintiff's counsel moved for a new trial on all the grounds mentioned in section 549 of the Civil Practice Act. Motion denied; exceptions taken. Thirty days stay of execution after service of notice of entry of judgment granted. Sixty days to make a case. (Signed) THOS. S. CHESHIRE, 33 Clerk. |