Federal Magistrate Awards $225,000 for Man Injured in Parked Car in Brooklyn, New York

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Federal Magistrate Roanne L. Mann has issued an award for $225,000 in the matter of Garcia v. Khemraj Basdeo, a case involving a man injured while sitting in a parked car in Brooklyn, NY. The defense contended that a minor accident could not have caused significant injury. Trial attorney Carol L. Schlitt, representing Mr. Garcia, overcame the defense’s case through a combination of expert witnesses, detailed investigation and forceful courtroom arguments. Ms. Schlitt explained, “The other driver may not have hit my client’s car very hard, but he hit it hard enough to harm my client.”

On August 22, 2005, Federal Magistrate Roanne L. Mann issued an award for $225,000 in the matter of Garcia v. Khemraj Basdeo (04-CV-4129) involving a man injured while sitting in a parked car in Brooklyn New York.

The case stemmed from an August 2002 incident when Jose Garcia was sitting in a parked car in Brooklyn waiting for his girlfriend to come out of a Chinese take-out restaurant. He watched in stunned disbelief as the driver of another car backed into his car. At first, Mr. Garcia thought the accident caused minor damage. Yet he learned over the next few days that the minor accident had torn his rotator cuff requiring surgery and preventing him from returning to work as a butcher for several months.

The defense contended that such a minor accident could not have caused such a significant injury. Trial attorney, Carol L. Schlitt, representing Mr. Garcia, overcame the defense’s case through a combination of expert witnesses, detailed investigation and forceful courtroom arguments. Ms. Schlitt explained, “The other driver may not have hit my client’s car very hard, but he hit it hard enough to harm my client.”

The defense also challenged the amount of the damages sought by the plaintiff. Ms. Schlitt used extensive financial analysis to prevail on a large award due to incurred medical expenses and lost wages. “Mr. Garcia wanted to return to work, but could not because of his torn rotator cuff. He deserved adequate compensation,” said Ms. Schlitt.

The Federal Magistrate issued an award of $225,000, with payment to Mr. Garcia reduced by 25 percent due to comparative negligence. The Magistrate found that Mr. Garcia contributed to the accident because he was parked illegally on Atlantic Avenue when the accident occurred.

Mr. Garcia retained the firm of Vincent J. Martorana of Brooklyn, New York, who in turn hired Carol L. Schlitt to serve as trial counsel.

About the Law Offices of Carol L. Schlitt

The Law Offices of Carol L. Schlitt specialize in personal injury law and accepts cases throughout New York City and Long Island. Recognized as one of the premier trial attorneys in the New York metropolitan area, Ms. Schlitt has achieved one of the top 10 verdicts in New York City and is a past winner of the New York City Municipal Attorney of the Year Award. For more information, please visit http://www.schlittlaw.com or call 1-800-660-1466.

About the Law Offices of Vincent J. Martorana

Vincent J. Martorana is one of the most respected attorneys in the New York Metropolitan area. The firm specializes in personal injury cases and serves clients throughout the New York metropolitan area, including Long Island. Mr. Martorana has his main office in the Canarsie section of Brooklyn. For more information, please call (718) 649-2000.

For more information on this release, contact Ms. Schlitt at 1-800-660-1466.

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Carol Schlitt