Buffalo Jury Awards $900,000 in Rear-End Collision

A passenger was involved in a multi-vehicle collision within a road construction zone in Buffalo, New York. The plaintiff contended that as two lanes merged into one, a defendant automobile driver cut into a line of traffic and then stopped within the construction site to complain to workers about signage. While the host vehicle stopped without striking the automobile, a co-defendant dump truck, loaded with crushed stone, subsequently struck the plaintiff's vehicle from the rear.

The plaintiff alleged suffering two cervical herniations that necessitated double fusion surgery. The plaintiff claimed permanent inability to continue working as an electrician and anticipated difficulties securing alternative, more sedentary employment. Damages were stipulated at $900,000 before the close of proof. The defendants had entered into a high/low agreement ranging from $90,000 to $300,000.

During the trial, the defendant automobile driver did not dispute stopping in the construction zone but attributed the incident to the dump truck driver's negligence, citing a failure to maintain adequate distance and make proper observations. The defendant dump truck driver countered, asserting that the automobile driver's negligence caused the incident, arguing that the inability to stop a fully loaded truck under those circumstances did not constitute negligence.

A jury found the defendant automobile driver 85% liable and the defendant dump truck driver 15% liable. The case subsequently resolved for the stipulated amount of $900,000, with the automobile driver’s insurance carrier contributing $300,000 in accordance with the established high/low agreement.