Bronx Jury Awards Defendants $1,400 in Motor Vehicle Collision Costs

In May 2016, a motor vehicle accident occurred in the Bronx, New York, at the intersection of 1st Avenue and 125th Street. A civilian operating a 2014 Lincoln collided with a 2014 Ford vehicle operated by a police officer and owned by the City of New York/New York City Police Department (NYPD). The plaintiff filed a complaint in October 2016, alleging the defendants' sole negligence caused severe and permanent personal injuries that met the state's serious injury threshold. The plaintiff sought damages exceeding the jurisdictional limits of lower courts.

The defendants responded by asserting various defenses, including claims that the police officer was engaged in emergency operations and therefore entitled to protections under vehicle and traffic law, that the plaintiff's own conduct contributed to the accident, and that the defendants were immune due to the exercise of governmental function. The defendants also moved for summary judgment to dismiss the case. In March 2019, the court partially granted the motion, dismissing the NYPD from the suit as it was not amenable to suit, but denied the remainder. The court determined that factual disputes existed, particularly regarding the traffic light status at the time of the collision, and ruled that an ordinary negligence standard applied.

The case proceeded to trial. In June 2019, a jury rendered a verdict in favor of the defendants. A judgment was entered in August 2019, which included an award of $950.00 in attorneys' fees and costs to the City of New York and the defendant officer, to be paid by the plaintiff. Additional costs and disbursements totaling $450.00 were also recovered by the defendants.