Page 204 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX: PART IA X ARDIANA GASHI, :

Transcription

1 Page 204 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX: PART IA X ARDIANA GASHI, : Plaintiff, : INDEX NO / against - : VICTORIA VOGEL-BLUMENTHAL, : ARDIANA GASHI Cross-examination Defendant. : X B E F O R E: 851 Grand Concourse Bronx, New York AUGUST 4TH, 2014 HONORABLE FERNANDO TAPIA, J.S.C. and JURY. A P P E A R A N C E S: BERGMAN, BERGMAN, GOLDBERG & LAMONSOFF, ESQS. Attorneys for Plaintiff 801 South Broadway New York, New York BY: SETH I. FIELDS, ESQ. PICCIANO & SCAHILL, ESQS. Attorneys for Defendant 900 Merchants Concourse Westbury, New York BY: FRANCIS J. SCAHILL, ESQ. FAYE MOORE SR. COURT REPORTER

2 Page THE COURT: All right, Ms. Gashi, come on up. 2 We will continue with cross-examination. 3 Mr. Scahill, you may proceed. 4 MR. SCAHILL: Thank you. 5 (Whereupon, the witness is sworn by the clerk at two 6 fifty PM.) 7 THE COURT OFFICER: State your name and address 8 for the record. 9 THE WITNESS: Ardiana Gashi, 158 West 84th 10 Street, New York, New York 10024, apartment B as in boy. 11 THE COURT: Ms. Scahill. 12 MR. SCAHILL: Thank you. 13 CROSS-EXAMINATION 14 BY MR. SCAHILL: 15 Q. Ms. Gashi, on direct examination the other day you had 16 testified that you were involved in an auto accident on April 17 9th, 2001? 18 A. Correct. 19 Q. The accident happened at Williamsbridge Road and 20 Morris Park Avenue? 21 A. Yes. 22 Q. At that time you were twenty years old? 23 A. Yes. 24 Q. And you were driving a 1984 Mercedes Benz that was 25 registered to your mother at that point?

3 Page A. Yes. 2 Q. You were known at that time as Ardiana Krasniqi; am I 3 pronouncing that correctly? 4 A. Yes. Correct. 5 Q. As a result of that accident that vehicle was totaled 6 after that accident? 7 A. Yes. 8 Q. As a result of that accident you were taken by 9 ambulance to Jacobi Hospital? 10 A. Correct. 11 Q. And you underwent a CAT scan of your head, in 12 addition x-rays of your neck and your back, correct? 13 A. Yes. 14 Q. And you were told to follow up with your private 15 doctor? 16 A. Yes. 17 Q. And then three days later you began treatment at 18 Superior Medical Services, you treated with various doctors 19 there, principally Doctor Albert Villafeurte; do you recall 20 Doctor Villafuerte? 21 A. Yes. 22 Q. Doctor Neil Morgenstern and Doctor Peter Kwan, you 23 remember going to all those doctors? 24 A. Yes. 25 Q. They treated you there for about a year which included

4 Page eighty visits, correct? 2 A. Correct. 3 Q. They sent you for MRIs? 4 A. Yes. 5 Q. And you also had physical therapy, you had 6 acupuncture? 7 A. Yes. 8 Q. And you filed a lawsuit as a result of that accident, 9 you filed a lawsuit in 2001; is that correct? 10 A. Correct. 11 Q. And that lawsuit was here in Bronx County, correct? 12 A. Correct. 13 Q. I'm going to show you a copy of the complaint that's 14 been marked in evidence. This is the complaint that you filed, 15 a lawsuit filed here in the Bronx going back to You filed 16 it in September of 2001 or your attorneys did on your behalf; is 17 that correct? 18 A. Correct. 19 Q. And from that accident you were asking for damages of 20 three million dollars; is that correct? 21 MR. FIELDS: Objection. 22 THE COURT: I'll allow it. 23 Q. Is that correct? 24 A. I don't recall me asking for that. It's whatever the 25 attorney filed for.

5 Page Q. Where it says, "The plaintiff demands judgment against 2 the defendants in the sum of three million dollars", you are the 3 plaintiff, you're aware of that; correct? 4 A. Correct. 5 Q. So, it was your attorneys that filed this lawsuit back 6 in 2001 asking for the award of three million dollars? 7 A. Correct. 8 Q. Now, I would like to review with you your testimony 9 here at trial when Mr. Fields was asking you questions about how 10 you responded to treatment from that accident. 11 And specifically, when you were asked about how you felt 12 from that accident and the treatment you gave this answer. This 13 is the trial testimony from your testifying on direct 14 examination the other day. And you were asked: 15 "QUESTION: By the way, during that course of 16 treatment that you received over the year following the accident, can you tell the ladies and gentlemen a 18 little bit about how you physically responded to the 19 treatment that you received?" 20 "ANSWER: It helped, I started feeling better and the 21 pain was going away." 22 Remember giving that testimony back on, I believe it was 23 Thursday that you testified on direct? 24 A. Yes. 25 Q. And when you were also asked by Mr. Fields, your

6 Page attorney, to compare the accidents that you had at different 2 times, you were asked: 3 "QUESTION: In terms of the six months that 4 followed the 2009 accident, in terms of how you were 5 feeling following your course of care, how would that 6 compare to how you felt after your treatment ended in the and 2006 accidents?" 8 And your answer was. 9 "ANSWER: I can't compare my 2009, 2001 and " 11 And you said on the following page. 12 "ANSWER: 2001 I had pain like I think anyone 13 would have pain when you get into a car accident, but it 14 was nothing that major my main concern was on my knees. That's why 16 I had both knees surgery. I had pain in my neck and my 17 back because I was in a car accident, but it wasn't that 18 serious." 19 Remember giving that testimony on Thursday when you were on 20 the stand? 21 A. Correct. 22 Q. Now, I want to review with you, if we can, you were 23 here during the testimony of Doctor Lattuga on Friday, correct? 24 A. Correct. 25 Q. In the course of that lawsuit that you filed in 2001,

7 Page you had to give an affidavit to the court outlining your claims, 2 do you recall that? 3 A. Yes. 4 Q. This is the affidavit that you filed. The affidavit 5 that you submitted indicated, this was under the name of Ardiana 6 Krasniqi. You indicated that you were suing specifically on 7 line 4, "This is an action for serious and severe personal 8 injuries I sustained arising from a motor vehicle accident that 9 occurred on April 9th, 2001." 10 Did you make that statement and did you give that 11 affidavit to the court in connection with your 2001 lawsuit? 12 A. Yes. 13 Q. And did you also say that, "As a result of the 14 accident you sustained painful and permanent injuries to your 15 neck, mid back, low back", described by your doctors, and there 16 is a list of your injuries. Do you recall making that 17 statement? 18 A. Yes. 19 Q. And did you also say: Following the impact with the 20 defendant's vehicle, I began to experience headaches and severe 21 pain in your neck, and in your back? 22 A. At that time yes. 23 Q. Did you also state that you were immediately taken by 24 ambulance from the screen to the emergency room of Jacobi. At 25 Jacobi the attending physicians performed x-rays, a CAT scan and

8 Page you were released with instructions to follow up with your 2 private physician? 3 A. Yes. 4 Q. Following that you went to Superior Medical Services 5 on April 12th, three days later? 6 A. Yes. 7 Q. Did you also state over the course of a year from 8 April 2001 to April 2002 you received continuous treatment and 9 therapy from Superior Medical Services to alleviate the constant 10 and persistent pain that you were experiencing in your neck, mid 11 back and lower back, and that you received therapy two to three 12 times a week for a total of eighty visits. Did you state that 13 in your affidavit? 14 A. Yes. 15 Q. Did you also state that despite that treatment the 16 neck pain, mid back pain, and lower back pain which began over 17 two years ago, prior to your affidavit, continued to persist on 18 a constant basis during the course of my treatment and has still 19 not diminished in its intensity. Did you also say that? 20 A. Yes. 21 Q. Did you also say that your therapy session relieved 22 the pain temporarily but has not remedied your condition which 23 has persisted over two years? 24 A. Yes. 25 Q. Were you working at the time of that motor vehicle

9 Page accident at RNK Water and Sewer Maintenance Corporation in 2 Astoria? 3 A. It wasn't a full time job. 4 Q. Did you say, "At the time of the motor vehicle 5 accident I was working as a secretary", that was the work you 6 were doing at that time? 7 A. Yes. 8 Q. That's your father's business? 9 A. Yes. 10 Q. Plumbing business that he has in Astoria? 11 A. Had. 12 Q. Also stated in your affidavit, "I never experienced 13 any difficulties or physical problems in performing your job 14 duties before the accident. However, after the accident, if you 15 tried to perform any of the duties that you had you experienced 16 severe neck pain, mid back pain and lower back pain and you had 17 to stop working"; did you state that as well? 18 A. Of course at that time. Yes. 19 Q. Did you also indicate in your affidavit that your job 20 duties were such that you were in constant neck pain, mid back 21 pain and lower back pain, that returning to work became 22 impossible? 23 A. I don't recall that. 24 Q. You see where it says A. I see.

10 Page Q. Was it true when you said that? 2 A. At that time yeah. It must have been, I was feeling 3 the way it says there. 4 Q. Was this affidavit true when you submitted it to the 5 court? 6 A. Yes, it was. 7 Q. And did you also indicate in your affidavit that you 8 could no longer stand, walk or sit for extended periods of time 9 without taking a break. And you had experienced severe pain 10 from all of the travelling, even getting in and out of your car 11 was painful. And you had neck and back pain because you were 12 getting in and out of your car two years after the accident? 13 A. At that time yes. 14 Q. And did you also say in your affidavit that since the 15 accident you had to shorten your personal activities because of 16 constant pain? 17 A. Yes. 18 Q. And you used to be an active person, and because of 19 this accident back in April of 2001, you couldn't participate in 20 any of the physical activities that you wanted to do, roller 21 blading, bike riding, all of that became a problem? 22 A. Yes. 23 Q. Did you also have Doctor Villafeurte certify that you 24 had a permanent partial disability as a result of that accident? 25 A. No. I don't recall that.

11 Page Q. Well, I would like to go back to what you said on the 2 stand. 3 "ANSWER: 2001 I had pain like anyone would have pain 4 when you get into a car accident, but it was nothing that 5 major." 6 A. Correct. 7 Q. It wasn't that serious? Was that true when you told 8 the jury that on Thursday? 9 A. Maybe because, you know, it's my first time having to 10 be in court and I am nervous. I am sure anyone would be 11 nervous. At that moment I know you are suppose to be exact on 12 what you say and how you say it, sometimes it doesn't come out 13 the right way. 14 Q. Were you being evasive when you said that to the jury? 15 A. I was Q. I will give you an opportunity to say anything you 17 want, just answer my question. 18 Were you being evasive to the jury when you told them it 19 wasn't that serious, it wasn't major in light of the affidavit 20 that you filed in court back in 2003? 21 A. Can I explain to them now? 22 Q. That's a yes or no. Were you being evasive to the 23 jury? 24 A. No. 25 Q. Were you being truthful, open and honest to the jury

12 Page when you gave that statement? 2 A. Yes. 3 Q. Do you remember being asked ---- Let's go back. 4 In the course of your lawsuit that you had in 2001, you 5 participated in a deposition. I know you said this is the first 6 time you're in court but you have given depositions on several 7 occasions for the lawsuits that you have brought, correct? 8 A. Correct. 9 Q. You gave a deposition after the 2001 accident, 10 correct? 11 A. Right. 12 Q. Yes? 13 A. Yes, I gave a deposition. 14 Q. You gave the deposition after the 2006 accident? 15 A. Yes. 16 Q. And after the 2009 accident? 17 A. Yes. 18 Q. On each of those occasions you are familiar with the 19 procedure, you swear to tell the truth, the whole truth and 20 nothing but the truth so help you God? 21 A. I think I do. And I think every accident was 22 different, every pain was different. 23 Q. I'm asking you what you said under oath after the accident. This is a deposition that you gave in 2002, you were 25 being questioned about the problems that you had a year

13 Page afterwards. 2 And did you say under oath in 2002 when you were asked 3 to describe your physical condition. 4 "QUESTION: As we sit here today you have 5 complaints; what complaints do you have?" 6 "ANSWER: Headaches." 7 "QUESTION: Anything else?" 8 "ANSWER: I still have pain in my head and neck, 9 pain in my back." 10 Did you say that under oath in 2002 a year after your accident? 12 A. Yes. 13 Q. Was that answer true? 14 A. Yes. 15 Q. Yes? 16 A. Yes. At that time that's how I was feeling, as time 17 went by I felt better. 18 Q. I understand that. 19 A. I think that's the same thing that I said to the jury 20 on Thursday. 21 Q. I understand that. 22 You were sent for MRIs after the 2001 accident because you 23 were complaining of severe pain to your neck? 24 A. What year? I'm sorry. 25 Q. After the 2001 accident. You underwent a MRI at

14 Page Yonkers Imaging because of the severe pain to your neck, 2 correct? 3 A. Yes. Correct. 4 Q. You also treated with a neurologist, Doctor Kwan, at 5 Superior Medical Services because of severe pain to your neck? 6 A. Correct. 7 Q. And when you saw Doctor Kwan your complaints were as 8 follows: headache, constant severe head pain involving the 9 entire cranium since the accident. The head pain can be severe 10 at times that it affects your sleep, neck pain, constant severe 11 lower cervical pain which is worse with movement. Low back 12 pain, constant low back pain radiating down to both legs, 13 remember making those complaints to Doctor Kwan? 14 A. Yes. 15 Q. And do you remember Doctor Kwan giving you a 16 diagnosis that you were totally disabled as a result of the accident? 18 A. Yes. 19 Q. And were you totally disabled after the 2001 motor 20 vehicle accident? 21 A. No. 22 Q. So you A. I don't think I was totally disabled. I did have 24 disability that you can't move, you can't do anything and I did 25 things but I had pain by doing them.

15 Page Q. Do you remember giving a deposition with respect to 2 this lawsuit in your accident with the defendant Victoria Vogel, 3 remember being questioned under oath about this claim? 4 A. Yes. 5 Q. In that deposition you were asked about prior injuries 6 to your neck and your back, do you recall that? 7 A. Yes. 8 Q. I'm going to read you a question and answer, this is 9 from page 65 of your deposition. And I will ask you was this 10 answer truthful when you gave it. Line "QUESTION: Before this accident and other 12 than--" 13 When the questioner is questioning he's talking 14 about the other accident, the 2006 accident. 15 "QUESTION: ---other than the July 2006 accident, 16 have you ever injured your neck?" 17 "ANSWER: No." 18 You answered no. 19 "QUESTION: Did you ever seek medical treatment 20 for the neck before the accident and other than the July accident?" 22 Referring to the August 2009 accident. 23 "QUESTION: ---and other than the July accident?" 25 "ANSWER: No."

16 1 You answered no. Page The questioning goes on. 3 "QUESTION: Before this accident and other than 4 the July 2006 accident, have you ever injured your back?" 5 "ANSWER: No. I mean I did get in another 6 accident before I don't remember the year. It's 7 been a couple of years. I did a little-- sometimes I did 8 physical therapy, but that was it." 9 "QUESTION: How long did you go for physical 10 therapy?" 11 "ANSWER: Few months I would say." 12 Were those answers truthful that you gave them under oath 13 after the 2009 accident? 14 A. I believe Q. Yes or no? 16 A. Yes. But I don't remember why I would say no. 17 Q. Well, the answer was no. I just read where you said 18 no to the question MR. FIELDS: Objection, Your Honor, it was 20 further clarification to the answer. 21 THE COURT: You will be able to read it back on 22 redirect in terms of getting the context. 23 MR. FIELDS: Can I get a page number? 24 MR. SCAHILL: Page 65, starting at line Q. I will go through it again.

17 Page "QUESTION: Before this accident and other than 2 the July 2006 accident, have you ever injured your 3 neck?" 4 Your answer was no. 5 Was that a truthful answer? 6 A. No. 7 Q. That answer was false? 8 A. I don't recall why I would say no. Maybe I 9 misunderstood the question. Maybe because I was nervous and I 10 just went ahead and answered which I know you shouldn't do that. 11 Q. Well, which part of the question, I will read the 12 question again. 13 "QUESTION: Before this accident and other than the 14 July 2006 accident, have you ever injured your neck?" 15 Your answer was no. 16 What part of that did you not understand? 17 A. That question wasn't hard to misunderstand, like I 18 said. I don't recall why I would say no when I know I was 19 injured in '01, '06 and ' MR. FIELDS: Objection, Your Honor. 21 THE COURT: Let's move on. 22 Q. Would it be fair to say that those answers were 23 incorrect? 24 A. Correct. 25 Q. You had the opportunity to review your transcript

18 Page before you testified here, correct? 2 A. Yes. 3 Q. Read it through carefully? 4 A. Yes. 5 Q. You knew you were going to be questioned about it? 6 A. Yes. 7 Q. And when the deposition was over, your lawyer, Jared 8 Levine was your lawyer at that time, right? 9 A. Yes. 10 Q. He represented you for the '06 accident and he 11 represented you for the '09 accident? 12 A. Yes. 13 Q. You used someone else in 2001, Sackstein, Sackstein & 14 Sackstein; correct? 15 A. Yes. 16 Q. When Mr. Levine got the transcript he sent it to you 17 with instructions that you could correct anything that was 18 wrong, correct? 19 A. Correct. 20 Q. You looked it over and you didn't change that answer; 21 is that fair to say? 22 A. Yes. 23 Q. So, you read this through beforehand and you knew that 24 the defendants were relying on your answer yet you never changed 25 this. And now you're telling us, and admitting that this was

19 Page incorrect. Is that a fair statement where we are at right now? 2 MR. FIELDS: Objection, Your Honor. 3 May we approach? 4 THE COURT: Let's move on. 5 Q. Was that testimony that you gave under oath open, 6 honest and truthful? 7 THE COURT: I think she answered that already. 8 MR. SCAHILL: Okay. 9 Q. In that 2001 accident where you filed the lawsuit for 10 three million dollars, did you get a recovery from that case? 11 A. Yes. 12 Q. How much did you get? 13 MR. FIELDS: Objection. 14 THE COURT: Let's not got in that direction 15 please. Let's not go in that direction. 16 MR. SCAHILL: You don't want her to state the 17 amount, Judge? 18 THE COURT: No, because it's not relevant for 19 this case. 20 THE WITNESS: And every accident wasn't my fault. 21 THE COURT: Hold on, Miss. 22 Ladies and gentlemen, I want you to know, just so 23 that it's clear, people sue all the time, as we talked 24 about lawsuits. Mr. Scahill has the right to inquire, but 25 any amount of damages, that's irrelevant. You don't need

20 Page to know that. I direct you at this point to disregard 2 that. 3 MR. SCAHILL: Thank you, Judge. 4 Q. I want to ask you about the July 9th, 2006 accident. 5 That accident also happened on Williamsbridge Road, correct? 6 A. Correct. 7 Q. Do you need a moment? 8 A. No. 9 MR. SCAHILL: Can we take a break for a minute, 10 Judge. 11 THE COURT: Let her get a tissue. 12 Let's continue. 13 MR. SCAHILL: Any time you need a break you can 14 certainly tell the Judge. 15 THE WITNESS: Thank you. 16 Q. Did accident happened on Williamsbridge Road as well? 17 A. Yes. 18 Q. And in that case, that was also a serious accident 19 that involved a head on collision, correct? 20 A. Yes. 21 Q. And in that case you were a passenger in the rear 22 seat of the vehicle, correct? 23 A. Correct. 24 Q. And you weren't wearing your seatbelt at that time and 25 you got thrown into the front seat of the car?

21 1 MR. FIELDS: Objection. Page THE COURT: What accident are we talking about? 3 MR. SCAHILL: July THE COURT: Again, I don't want the jurors 5 to get distracted by the facts of that particular case. 6 There was an accident, there was an injury. Mr. Scahill is 7 perfectly within his right to inquire, but let's move on. 8 I don't want you to mix those facts there with the facts 9 here. 10 Q. You were also taken by ambulance to North Central 11 Bronx Hospital as a result of that accident, correct? 12 A. Correct. 13 Q. Now, you also contacted Mr. Levine after that accident 14 and that occurred on July 9th, and a month later you filed a 15 lawsuit in this court in the Bronx, correct? 16 A. Correct. 17 Q. This is the caption of the lawsuit that you were 18 involved in in Dorontina Mjeku, and Ardiana Gashi; there 19 was someone in the vehicle with you? 20 A. Yes. 21 Q. You both filed a lawsuit in the Bronx a month later 22 after that accident, correct? 23 A. Correct. 24 Q. Now, I want to ask you, I want to ask you, you were 25 questioned here in court the other day about that accident.

22 Page I want to ask you this, is the accident that happened in 2 July of 2006, and you were questioned about whether you 3 sustained injuries in that accident. And what injuries did you 4 sustain, I just ask you to go through this with me. 5 You were asked about the 2006 accident. And you were asked 6 this question: Did you allege any injuries that you sustained 7 to your back and your neck, and you answered no, in the accident. 9 Do you recall giving that testimony here the other day in 10 court? 11 A. Yes. 12 Q. Was that answer that you gave when Mr. Fields was 13 questioning you, was that a truthful, open and honest answer? 14 A. I'm confused with the question right now. 15 Q. I will read it back to you. 16 MR. SCAHILL: This is the trial testimony from 17 July 31st. Mr. Fields was questioning the plaintiff on 18 direct testimony. And Your Honor has a copy of this. 19 THE COURT: I have a copy of this, Mr. Fields. 20 MR. SCAHILL: No. You do. 21 MR. FIELDS: I would like to see the full page so 22 that we get the full context. 23 MR. SCAHILL: July 31st. 24 THE COURT: What page are we talking about? 25 MR. SCAHILL: Page 16.

23 Page THE COURT: Let Mr. Fields look at this so that 2 he can follow along. 3 MR. FIELDS: Can we get a line number. 4 THE COURT: What line? 5 MR. SCAHILL: Line THE COURT: Page 16, line Q. Do you see what it says, Ms. Gashi? 8 "QUESTION: Did you allege any injuries that you 9 sustained to your back and neck as well?" 10 And you answered no. 11 A. Correct. 12 Q. Do you recall giving that testimony last week here on 13 Thursday? 14 A. Correct. 15 Q. Now, I'm going to show you your pleadings from that 16 prior accident that you had. There is your claim of injuries 17 from the accident of July 9th, And it lists all of the 18 injuries that you claimed. In fact, isn't it true that as a 19 result of that accident of July 9th, 2006, you claim in the 20 lawsuit pain, spasm, weakness, strain, restricted range of 21 motion, spasm, straightening of your neck. 22 A. At that time yes. 23 Q. Okay. So when you answered Mr. Fields in court on 24 July 31st when you were being asked whether or not you injured 25 your neck in the July 9th, 2006 accident, and you answered

24 Page specifically to the question no, was that answer truthful? 2 A. I got confused with his question. 3 Q. You were confused with the question. 4 A. Meaning 2009 was something more, more injury surgery 5 wise. Because my main thing, like I said on Thursday, it was 6 about my knees. I did complain about other problems, like neck 7 and back but my main problem was my knees. 8 Q. I just showed you your pleadings from that lawsuit. 9 Did you allege in that lawsuit that you injured your neck and 10 your back, correct? 11 A. Correct. 12 Q. So this answer I just showed you, that answer is 13 incorrect. What you told the jury on the 31st was incorrect; is 14 that fair to say? 15 A. Yes. 16 Q. So that answer was false that you gave under oath? 17 THE COURT: She said incorrect. 18 MR. SCAHILL: The answer is either true or false. 19 THE COURT: That's the testimony. 20 THE WITNESS: My main concern was THE COURT: That's a determination for the jury. 22 MR. SCAHILL: There's no question posed, Ma'am. 23 Q. In fact, after that accident of 2006, and you were 24 here when I went through all these records with Doctor Lattuga, 25 correct?

25 Page A. Yes. 2 Q. You had months of treatment with Doctor Rose, an 3 orthopedic surgeon, and on each one of those visits you 4 complained of pain, continuing neck pain which radiated up into 5 your upper extremeties; is that correct? 6 A. Yes. 7 Q. And that went on for months, each time you went tp 8 Doctor Rose you complained of neck pain all the way through 9 December, I don't want to go through each note. Even in the 10 December note you told him that your neck, mid back and lower 11 back pain did not resolve; is that fair to say? 12 A. Yes. 13 Q. So, the pain that you had to your neck for the accident lasted for more than two years. And you had to have 15 treatment over eighty visits. The problems in your neck from 16 the 2006 accident lasted for at least seven months, and you 17 continued to have treatment with Doctor Rose during that period 18 of time; is that right? 19 A. Yes. For my knees. 20 Q. But you also reported to Doctor Rose that you had 21 continuing problems with your neck, mid back and lower back, and 22 seven months after the accident it had yet to resolve; is that a 23 fair statement? 24 A. Again, the main concern was on my knees. I might have 25 had a few therapies afterward but everything was on my knees.

26 Page Q. It's listed in Doctor Rose's note from December that you had neck pain, mid back pain and lower back pain and it 3 hasn't resolved. That was a true recitation, that was a true 4 description of what your condition was in December of 2006, 5 correct? 6 A. Yes, at that time. 7 Q. Okay. Now, I would like to ask you about the accident 8 with Vogel in 2009, August 20th, That was a four car 9 collision, correct? 10 A. Correct. 11 Q. So the Vogel vehicle, the picture of the Vogel 12 vehicle, that vehicle didn't cause the damage to the back of 13 your car, Correct? 14 MR. FIELDS: Objection. 15 Q. The Vogel vehicle hit another car and then that 16 vehicle got pushed into your car, is that fair to say? 17 A. No. 18 Q. Well, are you telling the jury, these are pictures 19 that are in evidence. The damage to the back of your car was 20 caused by the Vogel vehicle, that's what you're saying? 21 THE COURT: That's the picture here. 22 A. I was rear-ended twice, the second time was from your 23 client. 24 Q. So the damage that happened to the back of your car 25 was from the vehicle that Mr. Fields showed the pictures

27 Page earlier? 2 A. Correct. 3 Q. Now, after this accident in August of 2009 you were 4 taken to Lawrence Hospital, and you were treated and released, 5 correct? 6 A. Correct. 7 Q. And they gave you a soft cervical collar to take 8 home? 9 A. Correct. 10 Q. They gave you a prescription for muscle relaxants? 11 A. Correct. 12 Q. And you were told to see your private physician? 13 A. Yes. 14 Q. We went through all of the treatment notes several 15 times. But I had questions of Doctor Lattuga about your 16 complaints at the hospital. And I think you were here when I 17 was showing him these notes. The majority of the pain that you 18 were complaining of at the hospital was, in fact, to your back, 19 to your right side; is that fair to say? 20 A. No. 21 Q. Okay. So each time that it lists in the hospital 22 record the pain though indication where it says back and right 23 side; that's incorrect? 24 A. Incorrect. 25 Q. That's incorrect?

28 Page A. That's incorrect. 2 Q. And this is the following page where it says back and 3 right side; that's wrong as well? 4 A. Wrong as well. 5 Q. And this other page here where it says back pain and 6 right sided pain, all of that is wrong? 7 A. I complained of back pain and right side of course but 8 I had a lot of neck pain. I got hit twice. My neck snapped 9 like a couple of times front and back. 10 Q. I got that? 11 A. My neck had pain. 12 Q. You see where it says pain location at the bottom of 13 that page? 14 A. Yes. 15 Q. Above that there's a pain level, it says ten. 16 Underneath that it says pain location, back and right side? 17 A. Correct. 18 Q. That's wrong as well? 19 A. That's wrong. It doesn't say anything about my neck. 20 Q. So the multiple injuries in the back referring to back 21 side and right side pain without a mention of neck pain all of 22 that is wrong in the hospital record; is that what you are 23 telling us? 24 A. What I'm going to tell you is what I said, when the 25 ambulance picked me up I complained about my back, my neck and

29 Page my right side. Like the ambulance has that information why 2 couldn't the hospital have the same information. 3 Q. Well, at the hospital the nurse kept coming over to 4 you and asking you how are you feeling, where is the majority of 5 your pain. They wrote down the pain scale number, and they also 6 asked you where the pain location was? 7 A. I said I have neck pain, right back, my right side is 8 numb, I have no feeling to it. Am I paralyzed? Am I going to 9 be able to move my body? Am I going to be able to move my legs. 10 That's why they gave me a neckbrace, that's why. If I didn't 11 say anything about my neck why would I walk out of the hospital 12 with a neckbrace. 13 Q. All of that is wrong. They treated you and released 14 you several hours later, right? 15 A. Yes. 16 Q. Now, the next doctor that you saw was Doctor Cruz, 17 Doctor Amanda Cruz, correct? 18 A. Yes. 19 Q. That's someone that Mr. Levine had recommended to you? 20 A. Correct. 21 Q. So, after the accident, before you went to the doctor 22 again, you called your lawyer and you said MR. FIELDS: Objection. 24 Q. You called your lawyer and got a recommendation for a 25 doctor.

30 Page MR. FIELDS: Objection, unless he was privy to 2 the conversation. 3 THE COURT: I'll allow it. 4 Q. Is that correct? 5 A. Repeat the question. 6 Q. You got in the accident August 20th, before you went 7 to a doctor again you called your lawyer and the lawyer gave you 8 a recommendation for a doctor? 9 A. I don't recall who told me to go to Doctor Cruz. 10 Q. Well, do you remember giving a deposition in this case 11 and being asked that same question? 12 A. Yes. 13 Q. Did you say in your deposition, I will read you the 14 page and line, this is page 36, starting on line "QUESTION: How did you in contact with Amelda 16 Cruz or learned of her?" 17 "ANSWER: Call my attorney's office." 18 A. Okay. 19 Q. So does that refresh your memory about how you got to 20 Doctor Cruz? 21 A. Yes. 22 Q. So am I correct when I said that you got in the 23 accident, you called your lawyer, and the lawyer recommended a 24 doctor? 25 A. Correct.

31 Page Q. So, when you went to Doctor Cruz were you open and 2 honest with her about your prior accidents and your prior 3 lawsuit, and your prior injuries? 4 A. Yes. 5 Q. This is Doctor Cruz's initial evaluation. This is 6 August 24th, Describes your accident, it gives your 7 current complaints. And there's a specific line about past 8 musculoskeletal history, motor vehicle accident in Injury: Bilateral knees, status-post arthroscopic surgery for 10 meniscal tears, right? 11 A. Yes. 12 Q. You post medical surgery history denies any-- and then 13 it goes on to social history, work history, review of systems, 14 and then a physical exam. 15 So, you told us that you were open and honest with Doctor 16 Cruz about your past medical history but you failed to advise 17 her of your accident and over two years of treatment from the motor vehicle accident, is that fair to say? 19 A. After a period of physical therapy then I felt better 20 so it was going to make a difference. 21 Q. I'm just asking you whether you were open and honest 22 with Doctor Cruz? 23 A. Yes. 24 Q. Did you tell Doctor Cruz about the motor vehicle 25 accident in 2001, and your over two years of treatment without

32 Page relief. Did you say anything to her about the 2001 accident? 2 A. 2001, no. I didn't think it had to do anything with 3 the Q. So am I correct that when Doctor Cruz asked you did 5 you ever have injury to your neck and back before, you never 6 told her about the 2001 accident, that's a yes or no? 7 A. Yes. 8 Q. Am I also correct that you never told her that you 9 injured your neck and back in the 2006 accident, that's also 10 correct? 11 A. Yes. 12 Q. And am I correct that your treatment ended with am I correct that your treatment ended with Doctor Cruz in 14 December of 2009? 15 A. Yes. 16 Q. And then I know you told us about all the work you do 17 at home, and all the time you spend taking care of your family. 18 But after your treatment ended sometime in March or April of , you were well enough to go on a trip, correct? 20 A. Correct. 21 Q. You went to Vegas with, not with your husband with 22 three of your girlfriends, your girlfriends? 23 A. Correct. 24 Q. You had a trip to Vegas? 25 A. Correct.

33 Page Q. In fact, is it fair to say in March or April 2010 you 2 felt good enough to take a trip to Vegas with your girlfriends? 3 A. No. 4 Q. But did you go? 5 A. Did I go? That trip was for my relaxation, it wasn't 6 like a time to hang out, I don't drink. 7 Q. Understood. 8 A. I don't drink, so. 9 Q. I didn't ask you all that. I just asked you if you 10 were well enough to travel? 11 A. Yes. I wasn't handicapped. 12 Q. What about with respect to Doctor Lattagu when you 13 first went to see Doctor Lattagu were you honest with him, open 14 and honest with Doctor Lattuga about your prior accident? 15 A. Yes. 16 Q. Did you tell him, and you were here during his 17 testimony on Friday, he indicated during his testimony that you 18 did not reveal the 2001 accident, and your two years of 19 treatment. Is that fair that you never told him about the accident? 21 A. I expect him to have my paperwork from my previous since he was the same attorney. I expected him to have all 23 the paperwork. 24 Q. The same attorney that sent you to the doctor from , also was the same lawyer that sent you to Doctor Lattuga?

34 Page A. Doctor Lattuga, I can't recall if my same attorney 2 sent me to him. Once I ended up going to him, I recall that he 3 would end up getting my paperwork. 4 Q. When you talk about the same lawyer. I'm asking you 5 is it the same lawyer that sent you to the doctor after that sent you to Doctor Lattuga? 7 A. No. No. 8 Q. It was Mr. Levine who represented you? 9 A. From ' Q. Did he also represent you in the '09 accident? 11 A. Yes. 12 Q. Was he the one that sent you to Doctor Lattuga? 13 A. No. I don't recall Mr. Levine sending me to Doctor 14 Lattuga. 15 Q. But you did in fact get referred to Doctor Lattuga by 16 your lawyers? 17 A. I don't recall. It was my attorney. If I'm not 18 mistaken, I don't want to say something wrong, I thought it was 19 Doctor Cruz. 20 Q. Doctor Lattuga has offices in Valley Stream. Doctor 21 Cruz's office is here in the Bronx. 22 A. Correct. 23 Q. And it's your belief that Doctor Cruz sent you to you were living in the Bronx at the time? 25 A. My attorney is in the city.

35 Page Q. You lived on the upper east side? 2 A. No. Actually I'm from the Bronx. 3 Q. The Bronx? 4 A. Right. Now about a year or so I'm on the west side. 5 Q. The upper west side? 6 A. Yes. 7 Q. At the time you started this lawsuit that we are here 8 about, did you live in the Bronx? 9 A. I live in the Bronx. I was raised in the Bronx. 10 Q. But you have lived on the upper west side of Manhattan 11 for the last two years, correct? 12 A. I would say about a year or so. 13 Q. So, when you were living in the Bronx that's when you 14 were treating with Doctor Cruz, correct? 15 A. Correct. 16 Q. And did you ask her for a referral to a doctor in the 17 Bronx or Manhattan? 18 A. I had just spoken to her telling her the pain wasn't 19 going away, I need to see a specialist. I don't remember 20 exactly. 21 Q. She sent you to a spine specialist on Long Island, 22 Franklin Hospital? 23 A. Like I said, I don't know. 24 Q. You don't know? 25 A. I answered something, to tell you the truth I don't

36 Page know who exactly sent me, whether it was a friend or Doctor 2 Cruz, I'm going to guess it was Doctor Cruz. 3 Q. You saw Doctor Lattuga twice before the surgery, 4 correct? 5 A. Correct. 6 Q. And twice after? 7 A. Yes. 8 Q. And you haven't treated with him other than going to 9 him the other day for purposes of this lawsuit. You haven't 10 treated with him since January of 2011, over three and a half 11 years, is that fair to say? 12 A. Yes. 13 Q. And is it also fair to say that you were happy with 14 the results, he had testified on Friday that you had an 15 excellent outcome, would you agree with that? 16 A. Yes. 17 Q. And that you need no further treatment and you have 18 had no further treatment; is that fair to say? 19 A. Yes. 20 Q. You've been back to the hospital, Lawrence Hospital, 21 since the accident but that has nothing to do with your neck or 22 back, correct? 23 A. Correct. 24 Q. You had an accident at a tanning salon, is that 25 correct?

37 Page A. Yes. 2 MR. FIELDS: Objection, relevance. 3 THE COURT: Yes. Let's not go too far afield at 4 this point. 5 Q. You were getting something in a tanning salon and 6 there was an accident there? 7 A. Yes. 8 Q. And you had to go to the hospital by ambulance? 9 A. Yes. 10 Q. That was sometime in 2011 after your surgery? 11 A. Yes. 12 MR. SCAHILL: I have nothing else, Your Honor. 13 Thank you. 14 THE COURT: Mr. Fields, any redirect? 15 MR. FIELDS: I have nothing further. 16 I just have some readings. 17 THE COURT: Thank you, Ms. Gashi. 18 You may step down. 19 ********************