Posted On: April 9, 2012 by Stephen Bilkis

Joanne Pavia was a party to two vehicle accidents in the span of four months

Joanne Pavia was a party to two vehicle accidents in the span of four months. The first one was at on North Conduit Avenue, about three hundred feet east of Cohancy Street. Paul Artale was going west on Conduit Avenue. He said that the traffic was slow moving. He noticed Eugene Joseph’s car when he was about ten feet behind it. In his testimony, he said that Mr. Joseph’s vehicle was stopped when he first saw it. A Lawyer got information that the front of Mr. Artale’s car hit the rear of Mr. Joseph’s vehicle. At face, there is already negligence on Mr. Artale’s part. Mr. Joseph in his defense against the negligence presented evidence that he had safely brought his vehicle to a stop before the crash occurred. He said that he was pushed to the vehicle in front of him when another vehicle hit the rear of his car. The car in front was Ms. Pavia’s. This happened on April 30, 2004.

The second incident happened on August 29, 2004. She was travelling to the east on Merrick Road in Massapequa. She said that Josephine Giardina while driving Anthony Giardina’s vehicle suddenly drove out of Cedar Shore Drive from her right and was in front of her.

Mr. Joseph filed a motion for summary judgment against his liability on the car accident involving Ms. Pavia and Mr. Artale. A source says that when a party moves for a summary judgment, the burden of proving there is already sufficient evidence to show that there are no material issues still remaining. In his motion, he relied heavily on the statement of Mr. Artale in his deposition. Mr. Artale said that Mr. Joseph’s vehicle was stopped when he first saw it. Ms. Pavia’s only opposition to the summary judgment is that she was not able to clearly explain that she had felt two impacts but there was only one hit to her car. They were saying that she was not asked this in the deposition. This contradicts what she had written in her sworn affidavit. The court then ruled in favor of Mr. Joseph and dismissed the complaint against him.

Ann Artale and Paul Artale moved for the summary judgment against them by Ms. Pavia on the grounds of serious injury not being met. She claims "as a result of the occurrences complained of herein" she sustained the following injuries: to wit, disc herniation at C3-4 and C5-6; disc bulges C4-5, C6-7; sensory deficits in left C5-6 and C6-7 distribution; cervical radiculopathy at C5-6; cervical spine spasm/tenderness; diminished sensation in the right upper extremity; bilateral carpal tunnel syndrome; straightened cervical spine due to muscle spasm; disc bulge at the L3-4, L4-5 and L5-S1 level; lumbar radiculopathy; lumbosacral spine spasm/tenderness; restriction in flexion of lumbosacral spine; low back pain syndrome; thoracic neuritis; and impingement syndrome.” This was submitted as one of her evidence but does not specify if she suffered them from that accident or the newer one that she was involved in. A source said, to prove that she was not seriously injured, the Artale’s had to rely on the statement of the examining physician. This had to be proved by medical tests, which have yet to be done and in this case which took place in Long Island and not New York City, a determination as to which injury resulted from where needs to be established so the motion was denied.

Ms. Giardina moved for a summary judgment also due to the reason that serious injury was not met. According to a witness, she supported and added to the evidence presented by the Artale’s. This was denied for the same reason as the Artale’s.

A person being involved in multiple instances of vehicular accidents does not mean that person is not eligible for any compensation. Sometimes, it is just a matter of being at the right place at the wrong time. New York Car Crash Lawyers know that it will be a lot of work presenting both cases well, but they do the work.

The Car Crash Lawyers of Stephen Bilkis & Associates are experienced and used to working hard. If you are that person who has been involved in multiple car accidents, or if it is just one, you can walk in any of our offices in New York or Long Island, and we will give you the legal assistance you need. You can call us now at 1-800 NY - NY- LAW to get a free consultation or set an appointment.