Manhattan Jury Awards $90,000 in Serious Injury Taxi Collision

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.