Kings County Jury Awards $300,000 in Rear-End Collision

On May 10, 2017, a motor vehicle accident occurred on the Brooklyn Queens Expressway Ramp near Columbus Street entrance in Kings County. The plaintiff's stopped vehicle was struck from behind by a vehicle owned by a corporate defendant and operated by an individual defendant. The plaintiff subsequently filed a complaint, alleging that the collision and her resulting severe injuries were due to the defendants' negligence. She claimed to have sustained serious injuries as defined by New York Insurance Law, requiring medical attention and preventing her from working.

The defendants filed an answer, denying negligence and raising several defenses. These included claims that the plaintiff's action was barred by the New York Comprehensive Motor Vehicle Insurance Reparations Act, that her damages were caused by her own comparative negligence, and that the corporate defendant had no vicarious liability since the vehicle's operator leased the vehicle. They also disputed that the plaintiff's injuries met the statutory threshold for serious injury.

On August 5, 2020, the court granted the plaintiff's motion for summary judgment on liability. The court found that the plaintiff had established prima facie entitlement to judgment for the rear-end collision, while the defendants failed to rebut the inference of negligence or raise any triable issues of fact, having submitted only an attorney affirmation not based on personal knowledge.

The case then proceeded to a jury trial on damages. On August 10, 2022, the jury found that the plaintiff had sustained a significant limitation of use of a body function or system, as well as a medically determined non-permanent injury that prevented her from performing substantially all material acts for at least 90 days during the 180 days following the collision. However, the jury did not find a permanent consequential limitation of use of a body organ or member. The following day, the jury awarded the plaintiff $300,000 in general damages against both defendants, resulting in a verdict in her favor.