Francis Devault v. Raymond J. Higgins, Perri P. Ruttenberg, Daniel Wakefield & Donna M. Finley, No.: 3828/03

$1,300,000.00

Christopher C. Bragoli, Esq., Bragoli & Associates, P.C., Melville, NY, Adrienne E. Hayes, Esq., Bragoli & Associates, P.C., Melville, New York

Eileen E. Bryne, Robert P. Tusa, Hauppauge, NY (Daniel Wakfield, Donna M. Finley)
Joseph Vavaro, Perez, Furey & Vavaro, Uniondale, NY (Perri P. Ruttenberg, Raymond J. Higgins)

On April 30, 2002, plaintiff Francis Devault, 41, a self-employed construction worker, was a passenger of a car that was being driven by Daniel Wakefield, who was traveling westbound on Noyac Road, near its intersection at North Hampton Road, in Southampton. As Wakefield proceeded through the intersection, his car was struck by a vehicle that was being driven by Raymond Higgins, who was executing a left turn onto northbound North Hampton Road, from eastbound Noyac Road. Devault claimed that he sustained back, knee, neck and shoulder injuries.

Devault sued Higgins; the owner of Higgins’ vehicle, Perri Ruttenberg; Wakefield; and the owner of Wakefield’s vehicle, Donna Finley. Devault alleged that Higgins and Wakefield were negligent in the operation of their respective vehicles and that the remaining defendants were vicariously liable for the actions of the drivers of their respective vehicles.

Devault subsequently discontinued his claims against Finley and Wakefield. The remaining parties proceeded to mediation. Devault claimed that Higgins was distracted by his 2-year-old son, who was a passenger of Higgins’ vehicle. Thus, Devault contended that Higgins was not attentive to traffic conditions.

arthroscopy; bilateral torn menisci; bulging disc; cervical herniation disc at L4-L5; lumbar  herniatied disc at L5-S1; physical therapy; shoulder-impingement syndrome

Devault claimed that he sustained disc herniations at L4-L5 and L5-S1, tears of his knees’ menisci, and an injury that produced impingement of his left shoulder. He also claimed that he developed disc a disc bulge at C6-C7. He underwent two arthroscopic surgeries: One addressed his left knee; the other addressed his right knee. He also underwent surgical decompression of his spine’s L4, L5, and S1 levels and several months of physical therapy.

Devault contended that he suffers residual limitations of his back, knees, left shoulder and neck. He also contended that he suffers residual pain that stems from each of those areas.

Devault’s pre-accident annual earnings totaled about $25,000. He has not resumed work, and he sought recovery of his past and future lost earnings. He also sought recovery of damages for his past and future pain and suffering.

Defense counsel contended that Devault’s injuries were the product of labor-induced degenerative conditions that were documented by MRI scans. He claimed that the injuries could not be conclusively linked to the accident. 

Parties agreed to a $1.3 million settlement.