Queens County Jury Awards $305,000 in Rear-End Collision

A motor vehicle collision occurred on November 13, 2016, on Horace Harding Expressway near Francis Lewis Boulevard in Queens County. A slow-moving vehicle, operated by one plaintiff and carrying another as a passenger, was struck from behind by a vehicle owned by two defendants and operated by a third defendant.

The plaintiffs filed a complaint in November 2017, alleging the defendants operated their vehicle negligently, citing excessive speed, failure to maintain control, and failure to observe. They claimed to have sustained serious injuries as defined by New York Insurance Law and sought damages for permanent injuries, pain and suffering, and economic losses. The defendants filed an answer in December 2017, denying negligence and asserting several defenses, including claims of the plaintiffs' culpable conduct, failure to mitigate injuries, and that no serious injury was sustained. They also invoked the emergency doctrine.

In September 2019, the plaintiffs moved for summary judgment on liability, arguing the rear-end collision established a prima facie case of negligence. The defendants did not oppose the motion, and the court granted summary judgment on liability to the plaintiffs. The case then proceeded to a jury trial solely on the issue of damages. In February 2020, the jury returned a verdict in favor of the passenger plaintiff, awarding total general damages of $305,000 against the defendant driver and vehicle owners.