SKETCHES OF COURT: Parties settle in car accident
In this courtroom sketch Hon. Kathy J. King listens as plaintiff’s attorney Matthew Gray (standing), trial counsel to the law offices of Louis C. Fiabane, describes to the jury what he believes the evidence will prove in the summary jury motor vehicle accident trial Marcellin v. Vasquez. At issue was the determination of damages.
William Marcellin, a contracting company owner, was wearing a seatbelt as he sat in his vehicle at a full stop on Eastern Parkway at Utica Avenue in July 2014. Marcellin described feeling a strong jolt that pushed his left shoulder against the belt when his heavy truck was rear-ended by defendant driver Vasquez, and noted the cracked solid bumper in an evidentiary photograph to support his allegation of a forceful impact.
Marcellin testified that he sought medical help within a day, and that eventually he underwent surgery to repair a torn ligament in his left shoulder. The procedure failed to provide relief from pain. Marcellin, who was 44 at the time of the accident, declined further surgery in light of the poor outcome and in fear of the risks. He is left handed, and claims he takes painkillers to this day.