New York County Jury Awards $350,000 in Rear-End Collision

A plaintiff driver, stopped in the left lane of the Cross-Bronx Expressway behind an SUV, was struck from the rear by a van traveling at approximately 50 mph. The impact propelled the plaintiff's vehicle into the stopped SUV. The plaintiff filed a lawsuit alleging negligence against the van driver and a second defendant, claiming the van was also struck by the second defendant's vehicle, causing a second impact with his car.

The plaintiff contended he had safely stopped before the initial collision. The defendant van driver asserted he assumed the plaintiff had already struck the SUV when he observed the stopped vehicle after changing lanes, and denied he could have avoided the crash. The plaintiff highlighted the van driver's concession that he did not see the plaintiff before changing lanes around a tractor-trailer. The plaintiff claimed to have sustained a labral tear and a SLAP tear to his right shoulder requiring surgery, along with cervical and lumbar herniations, resulting in permanent pain and activity limitations. He also reported missing four months of work.

A New York County jury found the defendant van driver 100% negligent for the collision and determined the second defendant was not negligent. The jury awarded the plaintiff $350,000 in damages, including $200,000 for past pain and suffering and $150,000 for future pain and suffering. Prior to trial, the damages payable by the van driver were capped at his $100,000 policy.