Posted On: March 28, 2012 by Stephen Bilkis

Angelina Perez a child was represented by her father Jose Lopez in a claim for damages

In a very long case that transpired from March 2002 until May 2010, Angelina Perez a child was represented by her father Jose Lopez in a claim for damages. After discovery was conducted between the parties, and mediation in October and November 2007, it was sent out to trial. It was scheduled for November 30, 2007, but it was transferred to determine a guardian ad litem as counsel for Mr. Lopez. According to a report, a guardian ad litem is a party that is assigned by the court to act in a lawsuit in behalf of another party like a child or an incapacitated adult. In the instance of an adult, he has to be deemed as incapable of representing himself. Mr. Lopez appeared to have some cognitive impairment that requires him to have a guardian. The cased stayed in that question until the Court sent out an Order to Show Cause on December 3, 2007. This was for the appointment of the guardian ad litem. In the order, they were told to appear in the court by December 20, 2007 and said that the trial to determine the guardian is in thirty days. It as well said that the parties’ should exchange Civil Practice Law Rules requirements. Robert Kruger, Esq. was appointed as the guardian of Jose Lopez, but his request for a stay in the trial was denied.

The following trial was on February 4, 2008. It was again adjourned and delayed as Mr. Lopez did not exchange his Civil Practice Law Rules 3101, which is the disclosure from a medical expert. This is what they need to establish liability, says a source. It was not addressed by Mr. Lopez until they received a letter from his wife to the court, and all the parties dated July 9, 2009 that advised the court that the firm handling the case had dissolved, and the lawyers were their case was transferred refused to handle the case. This was fixed by a conference by the court where Herbert Rodriquez, Jr., a member of the dissolved firm took responsibility of the case. They were not able to find any other lawyer either in Queens or Staten Island. The guardian was also replaced and was changed to Denise Kranz, Esq.

To give Mr. Rodriguez enough time to recreate the case, and for the Angelina Lopez and her mother to get additional Electron Beam Tomograpy (EBT), the next trial date was scheduled on April 19, 2010. A source said, the court also asked for them to provide medical records and doctor’s reports. The additional EBT had to be limited to the physical condition and the last medical treatments. The doctor to do it was to be chosen by the defendants.

The Lopez’s seek to change and add to their claims. They wanted to add a new brain injury, worsening of the L5/S1 disc, new lumbar spine injuries), and a tear of the plaintiff's left meniscus, which will require laparoscopic surgery. The lumbar spine injuries were to the L4/L5 disc. From information found by a policeman, this case started in 2001 when Mr. Lopez was driving her daughter, and they passed by a metal plate that they claim to be unsecured. This was the one trapped in the carriage of the car that caused it to shake violently where Mr. Lopez hit his head on the roof of the car. He also moved to add to the amount of his claim to include additional medical treatments. In terms of the hydrocephalus, the doctors determined it was not caused by the accident. The Spinal injury was another story, as the doctors will testify that it is a natural progression of the previous injury. The court’s decision was that the formal claim or Bill of Particulars be amended but only to the L5/S1 as is a natural progression of the L5/S1 that was previously presented. Everything else was denied.

There are cases that really take a long time to be concluded, but it should not be because of the counsel not working. Effective New York Auto Accident Lawyer