Woman Loses Civil Court Case, But Wins $15,000

A woman who fractured her left arm and wrist in a fall on a Kew Gardens street recently won $15,000, even though she lost her civil court case.

On Sept. 19, 2008, Elizabeth Marino was crossing Austin Street near the Long Island Rail Road train station, when a car suddenly zipped by in front of her, according to court documents. She jumped backwards to avoid a collision, but lost her balance and landed on her wrist.

Reportedly, Marino, who was in her 50s at the time, had to undergo an open reduction-internal fixation surgery that included the implantation of permanent hardware in her left elbow.

Marino sued motorist Sharon Delosrios in Queens Supreme Court in front of Judge David Elliot. Marino asserted that the Delosrios was talking on her cellphone while driving and not paying attention to pedestrians. Delosrios made an excessively large right turn while speeding, alleged Marino’s lawyer, Thomas J. Foley of Foley Griffin in Garden City.

Delosrios, a biller for a medical devices company, insisted that she was driving safely. Her lawyer, Peter J. Dennin from Westbury’s Mendolia & Stenz, asserted that Marino caused the incident by stepping right into the car’s path while outside a crosswalk. Dennin also argued that the plaintiff had a balance problem, noting that she fractured her right wrist in a 2007 fall.

The jury found for the defense, but Marino was still entitled to $15,000 because of a pre-trial stipulation that both parties negotiated.

According to the high-low deal, Marino could not recover more than $150,000 on a plaintiff verdict, but she was guaranteed a $15,000 judgment in case of a defense verdict or a smaller award.