Investigative Tort

The plaintiff lives at 606 East 49th Street in Brooklyn with his mother, aunt and grandfather. He is currently employed by Sprint. At the time of the accident he was employed by Metro PCS, he had worked with them for 2 years prior to the accident as a customer service agent. He had health insurance but no fault paid his medical bills. The accident occurred on May 11, 2012 in the evening. At the time of the accident he had one passenger Shayla Primo, his girlfriend at the time. He was picking her up from work and taking her to church. He was driving southbound on Albany Avenue. The weather was clear and the road was dry. Albany has two way traffic, the lane that the accident occurred on has no parking but a car was coming out of parking. Prior to the accident he had been stopped for a red light at Albany and Maple. He then proceeded to travel about 10 mph. The car in front of him was dark but had no rear lights on.

Both the ambulance and the police arrived at the scene and took him to Kings County Hospital but because of the long wait they went to Beth Israel. His aunt drove him and his girlfriend. At the hospital he complained about his shoulder and wrist on the left side. He doesn’t remember the hospitals instructions regarding follow up care and he never returned to the hospital. His record says he complained about back problems and that he refused immobilization but he did go to DHD Medical and Dr. Katzman. All health providers describe neck strain radiating down his shoulder. He had physical therapy three times a week for 6 months but still experienced pain at the end of 2012 to the beginning of 2013 when his physical therapy ended. DHD referred him to Dr. Katzman who discussed the need of surgery to his left shoulder which he didn’t have because no fault cut him off. He also had an MRI of his cervical spine and