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SKETCHES OF COURT: Bench decision reached in NYPD officer’s damages trial

June 13, 2017 By Alba Acevedo Brooklyn Daily Eagle
Court sketch by Alba Acevedo
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In this courtroom sketch, Hon. Bernard Graham listens as defendant’s attorney Steven Distler (standing), of the law firm Gialleonardo, McDonald & Turchetti, calls on an expert witness to testify in the motor vehicle accident trial Santiago v. Boyer. At issue in the bench trial was the determination of damages, after a decision that held the defendant fully liable for the collision. 

In December 2012, Police Officer Adalberto Santiago’s patrol car was involved in an accident as he responded to a radio call by a fellow officer needing assistance. Santiago, represented by Scott Star (seated) and Helene Blank (at right), trial counsels to the law offices of Joseph Faraldo, claimed extensive injuries involving Santiago’s shoulder, elbow, wrist and cervical spine, as well as a traumatic brain injury as a result of the impact. Santiago was 31 years old at the time of the accident. 

Santiago, who had returned to work and was placed on limited duty, also claimed damages by way of economic losses from being involuntarily retired by NYPD in July 2015.

Santiago underwent surgeries to his right shoulder, elbow and wrist. His treating doctors testified that Santiago will not make a full recovery from his injuries. 

Distler’s expert witness Jack Lockerby (on the stand), an accident reconstruction specialist, testified from an engineering point of view that the operative forces in the sideswipe impact were inconsistent with the extent of Santiago’s claims of injury. 

After the testimony of approximately 19 witnesses, the bench trial was resolved with a verdict that awarded Santiago, who has a life expectancy of 76 years, a sum of $2.6 million as compensation for past and future lost earnings and reduced benefits, and for pain and suffering. The claim of a traumatic brain injury was not upheld. Court reporter Margaret Breitfeller recorded the proceedings in Kings County Civil Term. 

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