Deer Park Woman awarded $1.47 Million

Prior results do not guarantee a similar outcome.

February 27, 2003

On July 7, 2000, Carolyn Clark, now 46, attended the yearly Deer Park Family Festival on the grounds of the Defendant, New Hope Farms. The accident occurred after Carolyn, her husband, George and daughter, Lillian left the fair at 11:00 P.M., after eating and listening to some live music

It was learned that the New Hope Farm had built a Drainage Culvert underneath the driveway exit adjacent to State Route 209. They tried to deflect their responsibility for an unlit, unbarricaded two (2) foot hole by their exit gate onto the Plaintiff by arguing this was not en area where you would expect pedestrians to walk.

The Jury found fully for the plaintiff, blaming the defendant 100%.

As a result of the accident, Carolyn Clark suffered a trimalleolar fracture of her right ankle, a fractured fibula and torn ligaments between her fibula and tibia. She underwent a surgical procedure to repair her torn and shattered leg. An Orthopedic Surgeon, Dr. David Asprinio of Westchester placed a metal plate and ten (10) screws in her leg during the reconstructive surgery. Dr. Asprinio testified at the trial that Mrs. Clark suffered a permanent injury to her right ankle, which affects her ability to walk. He offered x-rays from his medical records to demonstrate that Mrs. Clark suffered from progressive osteoarthritis in her ankle joint. She suffers from osteoporosis from these injuries as well.

In addition, Mrs. Clark has a cardiac condition that requires sustained walking which she can no longer do.

The offer of $50,000 was rejected before the liability verdict. The offer of $150,000 was rejected before the monetary verdict.

Prior results do not guarantee a similar outcome.