The action for damages stems from personal injuries allegedly sustained by plaintiffs as a result of a pedestrian knockdown/automobile accident with defendants which at Albany Avenue, Amityville, County of Suffolk, State of New York. At the time of the accident, plaintiff Mariano Lopez was a pedestrian and defendant Ronnell Davis (“Davis”) was the operator of a 2009 Dodge Charger that was owned by rental a company, defendant ELRAC. Defendant Davis’ girlfriend had rented the vehicle from defendant ELRAC.
A Suffolk Lawyer said that, plaintiff alleged that at the time of the accident, he was a school security guard, and was struck by the front of defendants’ automobile when it was in the driveway in front of the school where he was working. It is alleged that defendants’ vehicle entered the school driveway to drop off a child and was unable to back out of said one-way driveway due to a school bus pulling behind it. Plaintiff contend that, when defendants’ vehicle was moving forward after being blocked by the school bus, it struck him in the area of his right knee, causing him to fall onto the hood of defendants’ vehicle. Defendant Davis argues that his vehicle never struck plaintiff and that the only contact between plaintiff and defendants’ vehicle was when plaintiff placed his hands on said vehicle to prevent defendant Davis from moving the vehicle any further.
As a result of the collision, plaintiff claims that he sustained the following injuries: Lumbar radiculopathy; Cervical radiculopathy; MRI of the lumbosacral spine reveals subligamentous posterior disc herniations at L4/L5 and at L5/S1 impinging on the anterior aspect of the spinal canal and on the neural foramina bilaterally; Right hip sprain; Right knee medial meniscus tear; Surgical recommendation for right knee arthroscopy; Lumbar spine lumbago;Lumbar spine HNP; EMG/NCV testing to the lower extremities revealed right S1 radiculopathy; MRI of the right knee revealed: synovial effusion knee joint, lateral patellar tilt and lateral patellar subluxation with patellofemoral chondromalacia spurring and narrowing lateral patellofemoral joint compartment, medial femorotibial joint compartment narrowing with chondromalacia, strain medical collateral ligament and motion artifact noted. Knee Chondromalacia; Knee internal derangement; Right joint effusion.