New York Jury Awards $150,000 in Rear-End Collision

A plaintiff driver, in his mid-40s, was involved in a rear-end collision in New York. The plaintiff subsequently filed a lawsuit, alleging two cervical herniations with radiculopathy, which were confirmed by MRI and EMG. The plaintiff also claimed an aggravation of two pre-existing lumbar herniations sustained in an automobile accident approximately ten years earlier, with diagnostic testing reportedly showing this exacerbation. Liability for the collision was stipulated by the defendant prior to trial.

The defendant disputed the aggravation of the lumbar injuries, contending that the plaintiff suffered only temporary soft tissue injuries that had resolved. The defense further argued that the plaintiff did not meet the no-fault threshold for permanent injury, asserting that any current complaints were the result of the prior accident and degenerative disc disease. The parties entered into a high/low agreement of $25,000/$150,000, and the case proceeded as a simplified jury trial.

The jury found that the plaintiff sustained a permanent consequential injury and met the 90/180-day section of the no-fault law. They awarded $150,000 for past pain and suffering but $0 for future pain and suffering. In accordance with the high/low agreement, the case resolved for $150,000.