New York Chain-Reaction Accident Settles for $1.66 Million

In December 2012, a plaintiff driver stopped their vehicle at a red traffic signal on Mamaroneck Avenue, near Old Mamaroneck Road in White Plains. A trailing vehicle, driven by one of the defendants, struck the plaintiff's vehicle from the rear. The plaintiff subsequently filed a lawsuit, alleging the driver was negligent in operating the vehicle and that the vehicle's owner was vicariously liable. The plaintiff claimed a herniated L5-S1 intervertebral disc, requiring physical therapy and fusion surgery in April 2013, followed by additional conservative treatments. The plaintiff sought compensation for past and future medical expenses, lost earnings, and pain and suffering, asserting ongoing pain and limitations preventing manual labor and hindering household chores. The defense contended that the plaintiff did not suffer a serious injury as defined by the no-fault law. Defense experts submitted reports opining that the accident's force was insufficient to injure the lumbar spine and that the disc herniation was a degenerative condition, noting the plaintiff's prior spinal treatment. A motion for summary judgment on liability was granted in favor of the plaintiff, and the case proceeded to damages. The parties later negotiated a pretrial settlement totaling $1.1 million. The defendants' insurer paid $250,000 from its primary policy and an additional $850,000 from an excess policy.

In December 2016, a collision occurred in Long Island City, Queens, when a food cart operator's SUV was struck by another vehicle at an intersection. The plaintiff, driving westbound on 48th Avenue, claimed his vehicle was hit on the right side by the defendant's car, which was traveling on 36th Street. The plaintiff alleged the defendant ignored a stop sign governing entry to the intersection, while the plaintiff's path was not controlled by a traffic device. The plaintiff subsequently filed a lawsuit, alleging negligence by the defendant. A motion for summary judgment on liability was granted in favor of the plaintiff, and the case proceeded to address damages. The plaintiff claimed to have suffered injuries to his back, neck, and shoulder, including aggravation of pre-existing degenerative spinal conditions, disc herniations, and multiple tears in his right shoulder. He underwent several surgeries, including arthroscopic shoulder surgery and two spinal procedures (microdiscectomy and a discectomy with other spinal interventions), in addition to approximately three years of conservative treatment. The plaintiff sought recovery for past and future medical expenses, past and future lost earnings, and damages for pain and suffering, asserting that his injuries resulted in residual pain, weakness, reduced range of motion, and an inability to perform his job duties. The defense contended that the collision was minor and could not have caused the extensive injuries claimed by the plaintiff. A defense expert radiologist opined that post-accident scans did not show a herniated disc and suggested any confirmed injuries stemmed from a prior motor-vehicle accident in 2001. The parties ultimately reached a pretrial settlement totaling $875,000. The defendant's insurer tendered its primary policy limit of $500,000 and paid an additional $375,000 from an excess policy.

On July 14, 2009, a 19-year-old front-seat passenger sustained injuries when the vehicle in which he was riding collided with another car in Garden City, New York. The plaintiff's vehicle, driven by one defendant, was proceeding southbound on Quentin Roosevelt Boulevard through an intersection. A second defendant, driving another vehicle, was executing a left turn onto Commercial Avenue from the northbound side of Quentin Roosevelt Boulevard when the collision occurred. The plaintiff filed a lawsuit alleging that both drivers were negligent in their operation of the vehicles. The plaintiff claimed the driver of the turning vehicle failed to yield the right of way, and the plaintiff's driver failed to exercise due caution. The owner of the turning vehicle was also named as a defendant, based on vicarious liability. Defense counsel for the drivers contended that the plaintiff's injuries resulted from his failure to use an available seat belt; the plaintiff refuted this, claiming the belt was broken. The plaintiff sustained an open skull injury and a displaced fracture of the left leg's femur, requiring skull repair with staples and internal fixation. He also claimed brain damage, a herniated L5-S1 intervertebral disc, and a bulging L4-5 disc, leading to nerve impingement. Subsequent treatments included epidural injections, discectomy, spinal nerve ablation, and electrical bone stimulation. The plaintiff claimed persistent pain, limitations preventing rigorous work, and an 18-month period of being homebound. He sought $3.4 million for economic losses and damages for past and future pain and suffering. The case concluded with a pretrial settlement totaling $800,000. The insurer for the turning vehicle's driver and owner paid $700,000, and the insurer for the plaintiff's driver contributed $100,000. The settlement was finalized through mediation.

On July 13, 2010, a plaintiff was struck by or collided with a taxi on Fifth Avenue, at its intersection with 50th Street in Manhattan. The plaintiff alleged the incident caused injuries to her back, knees, and neck. She subsequently sued the taxi's owner, Expedited Taxi Corp., alleging the driver was negligent in operating the vehicle and that the corporation was vicariously liable for the driver's actions. During a summary jury trial, the plaintiff contended the incident occurred in a crosswalk, where the taxi was initially stopped, blocking pedestrians. She claimed the driver suddenly resumed travel upon noticing a police officer, striking her with the front of the vehicle. The plaintiff stated she fell onto the taxi's hood, and her knees became pinned between the taxi and a preceding van. She sought approximately $200,000 for past medical expenses and $150,000 for past pain and suffering, claiming injuries including knee derangement, meniscus tears, herniated and bulging spinal discs, and associated pain and limitation of motion requiring arthroscopic knee surgery and physical therapy. Defense counsel countered that the plaintiff was not struck by the taxi, but that her pants caught on the license plate, resulting in minor contact. The defense also argued that the plaintiff's claimed injuries were degenerative or not "serious" under the no-fault law, noting a delay in the diagnosis of her knee conditions. The parties entered a high/low stipulation that limited damages to a maximum of $90,000 and a minimum of $10,000. The jury found Expedited Taxi liable for the incident and determined that the plaintiff had sustained a "serious injury," specifically finding permanent consequential limitation of use of a body organ or member and significant limitation of use of a body function or system. The jury awarded total damages of $200,000, but due to the high/low stipulation, the plaintiff recovered $90,000.

A plaintiff filed a lawsuit after sustaining injuries in a motor vehicle accident, alleging a defendant's failure to stop at a stop sign caused the collision. The plaintiff claimed the accident aggravated an asymptomatic degenerative spine condition. During the proceedings, the plaintiff presented expert testimony from a pain management specialist, an economist, and a life care planner. These experts addressed the extent of the plaintiff's injuries, their long-term medical needs, and the financial impact of the damages. The defendant countered with testimony from a diagnostic radiologist specializing in neuroradiology, likely disputing the causation or severity of the claimed spinal injury. The case concluded with an award to the plaintiff of $875,000.