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Torn Rotator Cuff Claim is Disputed at Trial


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12/16/2010
Brent Adams
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The plaintiff, William Garcia was a passenger in a vehicle that was traveling in the opposite direction of a vehicle driven by the defendant, Robert Ciszkowski in Raleigh. The plaintiffs driver attempted to make a left turn at an intersection that was controlled by a traffic light and collided with the defendant’s vehicle. Mr. Ciszkowski admittedly ran a red light.

The plaintiff alleged he sustained a torn rotator cuff, which required surgery as a result of the accident. He claimed 10% permanent impairment to his shoulder. The defendant disputed plaintiff’s injuries and argued that plaintiff, as an undocumented worker, lacked credibility.

The alleged injuries were a torn rotator cuff that needed surgery with permanent scarring from the surgery and a lumbar strain. He claimed $29,174 in past medicals.

The deliberation lasted four hours and a verdict was released in the amount of $42,500 in September of 2009.



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