FILED: KINGS COUNTY CLERK 03/08/2019
`FILED: KINGS COUNTY CLERK o3m2019
`
`NYSCEF DOC.
`-NO.‘716
`NYSCEF DOC. NO. 46
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF KINGS - PART 4
`a
`
`
`
`INDEX NO. 506248/2016
`INDEX NO- 506248/2016
`
`
`
`
`
`R«.c«.Iv«.D \IYSCEF: 03/13/2019
`RECEIVED NYSCEF: 03/13/2019
`'
`
`JERALD HAYES,
`
`,
`- against -
`
`.
`.
`Plamt’fls)
`
`Stipulation and Order to
`Transfer Action to Binding
`Summary Jury Trial Part
`
`JAMES PAONE,
`
`‘
`
`Index No.
`
`506248/2016
`
`Defendant(s)
`
`— I
`
`T IS HEREBY STIPULATED AND AGREED that the parties to this action, by their respective attorneys,
`volUntarily agree to the transfer of this matter for final disposition to the Summary Jury Trial Part (SJT Part), for a binding
`
`summaryjury trial,'subject to the Rules of the SJT Part. Unless the Court directs otherwise, the Rules ofthe SJT Part shall
`
`govern this action and the conduct of counsel and the parties at the Summary Jury Trial scheduled herein. The signatories to
`
`this Agreement represent that they have the authority of their respective clients and/or insurance carriers to enter into this
`
`.
`
`stipulation/order.
`
`IT IS FURTHER STIPULATED AND AGREED THAT a Summary Jury Trial shallbe held on the issue(s)
`[j liability and damages
`
`of
`
`CI
`
`El
`
`liability only
`
`damages only
`
`and shall be conducted on
`
`3/412019
`
`10:00 AM , before the HON. JUSTICE DAVID B. VAUGHAN.
`
`All parties Shall be bound by the Summary Jury Trial verdict, except that if the verdict is more than $ 100 000 , the
`
`at
`
`plaintiff will recover $ 100,000 , and if the verdict is less than :5 100,000 the plaintiff will recover the verdict amount.
`
`IT IS FURTHER STIPULATED AND AGREED that the right to move to set aside the verdict, orto appeal,
`is waived.
`
`IT IS FURTHER STIPULATED AND AGREED that any pending motions filed with the court in this action
`
`are withdrawn and that the parties hereto agree not to file any written motions subsequent to the execution of this
`
`Stipulation.
`
`IT IS FURTHER STIPULATED AND AGREED that counsel shall exchange all evidentiary materials to be
`
`offered at the trial of this action, and a hard copy with protruding tabs be provided to the court, by 1/22
`[2019.
`
`PARTIES ARE TO SUBMIT THEIR REQUEST TO CHARGE, WHICH ARE TO BE CONFORMED TO THE
`
`ELEMENTS OF THIS CASE, INCLUDE CONTENTIONS (IFAPPLICABLE) AND LIMITED TO THOSE CHARGES
`
`CONTAINED IN THE PATTERN JURY INSTRUCTIONS, BY EMAIL TO HSTIELL@NYCOURTS.GOV, BY NO
`LATER THAN
`1l22l2019
`.
`
`JURY SELECTION TO COMMENCE AT 9:30 AM ON
`
`3/1/2019
`
`IN CENTRAL JURY. PARTIES ARE
`
`TO BRING A COPY OF THIS ORDER TO THE CENTRAL JURY CLERK WHEN REPORTING FOR JURY
`
`SELECTION.
`
`THE PARTIES ARE DIRECTED TO RESOLVE ALL EVIDENTIARY ISSUES PRIOR TO APPEARING FOR
`
`lof8
`1 of 8
`
`

`

`IVNDfiWfi-V775707672478/2015
`FILED: KINGS COUNTY CLERK 032019
`INDEX NO. 506248/2016
`FILED: KINGS COUNTY CLERK 03/08/2019
`
`
`RECEIVED NYSCEF: 03/13/2019
`NYSCEF DOC. NO. 46
`NYSC'FEIREF'TEI‘E (E48URT IS TO BE APPRlSED OF ANY UNRESOLVED ISSUES riacfii‘fER‘FfiRW'TEDfi/fiifizo”
`DAYS PRIOR TO TRIAL.
`
`PARTIES ARE TO APPEAR IN CHAMBERS AT 11:00 AM ON 2/21/2019 FORACHARGE CONFERENCE
`
`AND TO ADDRESS ANY UNRESOLVED EVIDENTIARY ISSUES.
`
`Attorney for Defendant(s) jaw Ea OYKSL
`
`Print Name:
`
`Attorney for Plaintiff(s) gem/II /
`iO/VMS @? 654$
`Print Name:
`
`[4V
`Firm:
`Firm:
`¥ gigfiam I QSA‘MCw g 3
`EC’
`..
`75/
`f,‘
`Phone Number:
`Phone Number:
`‘ “fl . L’\"S\¢. 7 \\‘53
`FaxNumber: (7/ 82 373 ~’ 74/4
`Fax Number:
`<bLOCJz : Egg- \\:7— 2
`Cell Number: (70 ’3 {59° W00
`Cell Number:
`(2’77) {57¢} 57 (61¢?
`Address:
`4 8K: 36% SI" ' 24/ F1
`Address:
`('1 Mt We) §£CAA
`.
`o o O
`3 /0a$sz W/ My?
`9I562?L3;2g\x \ \20\
`E-mail: 5‘5
`"301 é/M 4
`E-mail:
`§£08£§@ 0L §\§WQ-QOM
`
`Signature:
`ignature: W 88%ZZ
`
`-
`
`
`Attorney for Plaintiff(s)
`'
`Attorney for Defendant(s)
`
`Print Name:
`
`Firm:
`
`Phone Number:
`
`Print Name:
`
`Firm:
`
`V
`
`Phone Number:
`
`-_
`.Ifil'vi‘
`
`a“;
`“5
`
`:2”
`
`if}
`
`Fax Number:
`
`Fax Number:
`
`V Cell Number:
`
`Address:
`
`Cell Number:
`
`Address:
`
`E-mail:
`
`Signature:
`
`Dated:
`
`E-mail:
`
`Signature:
`
`1113—71]?
`
`SO ORDERED:
`
`2 of 8
`2 of 8
`
`HON. DAVID B. VAUGHAN
`J.S.C.
`
`

`

`FILED: KINGS COUNTY CLERK 03/08/2019
`FILED. KINGS COUNTY CLERK 03m2019
`
`NYSCEF DOC. NO. 46
`NYsc
`t
`.
`._
`
`INDEX NO. 506248/2016
`
`INDEX NO' 506248/2016
`
`
`
`
`
`RECEIVED NYSCEF: 03/13/2019
`«.
`«.
`ED \IYSCEF: 03/13/2019
`932.1243
`
`VERDICT SHEET
`
`JERALD HAYES
`
`V.
`
`JAMES PAONE
`
`INDEX # 506248/2016
`
`We, the undersigned jurors, duly drawn, empaneled and sworn to try the above
`entitled action, say that we answer the written interrogatories submitted by the
`Court as follows:
`
`1. Was the defendant, JAMES PAONE, negligent in the operation of the
`motor vehicle he was operating on April 6, 2016 and was his negligence
`a substantial factor in bringing about the accident of that date?
`
`Yes
`
`No
`
`7g
`
`Jurors, after answering the above question will sign their names below.
`At least fiveJUI‘OI‘S must agree in the answer to this question
`
`
`
`2'~53;:37,"a»_.
`
`“film;“.m—
`
`i
`
`I, the undersigned, do not concur in the above verdict.
`
`
`
`
`
`
`
`man;Jan‘si‘méfime-"JF'"~.
`
`“.22‘S'EZ'.
`
`"We: 5.1
`
`NOTE:
`
`If your answer is YES, proceed to Question # 2.
`Ifyour answer is NO, do not answer any other questions and report
`your verdict to the court.
`
`3of8
`3 of 8
`
`

`

`FILED: KINGS COUNTY CLERK 03/08/2019
`FILED: KINGS COUNTY CLERK 03m2019
`
`NYSCEF DOC. NO. 46
`NYSCEF DOC. NO. 46
`I
`
`INDEX NO. 506248/2016
`INDEX NO' 506248/2016
`
`
`
`
`
`R<.C«.IV«.D \IYSCEF: 03/13/2019
`RECEIVED NYSCEF: 03/13/2019
`
`
`
`VERDICT SHEET
`
`JERALD HAYES
`
`v.
`
`JAMES PAONE
`
`INDEX # 506248/2016
`
`
`
`
`
`,,fiwbwfi,’.g,
`
`If your answer is NO, proceed to Question #4.
`
`in the
`the other driver, negligent
`Was the plaintiff” s host vehicle,
`operation ofthe motor vehicle he was operating on April 6, 2016 and was
`his negligence a substantial factor in bringing about the accident of that
`date?
`
`Yes
`
`No
`
`Jurors, after answering the above question will sign their names below.
`At least five jurors must agree in the answer to this question:
`
`g ‘
`
`7'in»:
`
`I, the undersigned, do not concur in the above verdict.
`
`NOTE:
`
`If your answer is YES, proceed to Question # 3.
`
`4of8
`4 of 8
`
`

`

`FILED: KINGS COUNTY CLERK 03/08/2019
`FILED: KINGS COUNTY CLERK 03m2019
`
`NYSCEF DOC. NO. 46
`NYSCEF DOC. NO. 46
`
`INDEX NO. 506248/2016
`INDEX NO' 506248/2016
`
`
`
`
`
`R<.C«.IV«.D \IYSCEF: 03/13/2019
`RECEIVED NYSCEF: 03/13/2019
`
`
`
`VERDICT SHEET
`
`JERALD HAYES
`
`v.
`
`JAMES PAONE
`
`INDEX # 506248/2016
`
`What is the percentage of fault of:
`
`Defendant
`
`Plaintiff’s Host vehicle driver
`
`THE TOTAL MUST ADD UP TO 100%
`
`Jurors, after answering the above question will sign their names below.
`At least five jurors must agree in the answer to this question:
`
`Proceed to Question #4.
`
`I, the undersigned do not concur in the above verdict.
`
`NOTE:
`
`50f8
`5 of 8
`
`

`

`FILED: KINGS COUNTY CLERK 03/08/2019
`FILED: KINGS COUNTY CLERK 03m2019
`
`NYSCEF DOC. NO. 46
`NYSCEF noc. NO. 46
`i.
`
`
`
`INDEX NO. 506248/2016
`INDEX NO- 506248/2016
`
`
`
`
`
`RECEIVED NYSCEF: 03/13/2019
`R<.C«.IV«.D \IYSCEF: 03/13/2019
`
`VERDICT SHEET
`
`JERALD HAYES
`
`V.
`
`JAMES PAONE
`
`INDEX # 506248/2016
`
`What is the dollar amount of PAIN AND SUFFERING sustained by
`plaintiff, TO DATE, caused by this occurrence?
`
`ANSWER:
`
`Amount
`
`$
`
`Jurors, after answering the above question will sign their names below. At least
`fivejurors must agree in the answer to this question.
`
`Proceed to Question #5.
`
`4.
`
`5.
`
`6.
`
`I, the undersigned, do not concur in the above verdict.
`
`NOTE:.
`
`6of8
`6 of 8
`
`

`

`FILED: KINGS COUNTY CLERK 03/08/2019
`FILED: KINGS COUNTY CLERK o3mz019
`
`NYSCEF DOC. NO. 46
`NYSCEF LPG. NO. 46
`J
`
`INDEX NO. 506248/2016
`
`INDEX N0. 506248/2016
`
`
`
`
`
`RECEIVED NYSCEF: 03/13/2019
`R<.C«.IV«.D \IYSCEF: 03/13/2019
`
`VERDICT SHEET
`
`‘
`
`JERALD HAYES
`
`v.
`
`JAMES PAONE
`
`INDEX # 506248/2016
`
`What is the dollar amount of PAIN AND SUFFERING, if any, that will
`be incurred by plaintiff, in the FUTURE, caused by this occurrence?
`
`Also, if you make any award for future pain and suffering, then you must
`state the period of years over which such award is intended to provide
`compensation. Do not state an amount per year but only a total amount
`for the entire period.
`
`ANSWER:
`
`Amount
`
`$
`
`Year(s)
`
`If you decide not to make an award, you will insert the word "None."
`
`Jurors, after answering the above question will sign their names below. At least
`five jurors must agree in the answer to this question.
`
`REPORT YOUR VERDICT TO THE COURT.
`
`4.
`
`5.
`
`6.
`
`I, the undersigned, do not concur in the above verdict.
`
`NOTE:
`
`7of8
`7 of 8
`
`

`

`FILED: KINGS COUNTY CLERK 03/08/2019
`.-—_..
`
`COUNTYOF KINGS
`f
`NYSCEF DOC. NO. 46
`’ Owt CENTER AT MONTACUE STREEr
`'
`BROOKLYN NEW YORK11201
`
`
`
`1
`
`INDEX NO. 506248/2016
`INDEX NO. 506248/2016
`.11....1: SVIU\
`
`
`
`
`
`‘;R*.C*.IVL*.D‘\IYSCE-sz. ‘03/13/20'1'9
`-'
`.'
`RECEIVED NYSCEF: 03/13/2019
`
`JURY NOTE
`
`
`
`EUR.
`
`H‘ojN. DAV1D.B;VAUGHAN
`
`'
`
`V D
`
`O NOT WRITE BELOW TEIS LINEI
`COURT S EXHIBIT NO»,
`- ;;
`
`
`
`8of8
`8 of 8
`
`