Queens, New York Jury Awards $75,000 in Rear-End Collision

A truck driver was involved in a motor vehicle accident on January 26, 2016, at the intersection of Bradley Avenue and Van Dam Street in Queens, New York. The plaintiff alleged that while stopped at a red light, the defendant negligently rear-ended his vehicle. The plaintiff filed a complaint asserting that the collision was solely due to the defendant's negligence, including excessive speed and failure to maintain proper lookout, and that he sustained a "serious injury" as defined under New York Insurance Law. He claimed ongoing pain and inability to perform his duties.

The defendant responded by arguing that the plaintiff's damages were caused by his own contributory negligence or assumption of risk, including the alleged misuse of seat belts. The defendant also claimed potential lack of jurisdiction and sought reductions in damages based on collateral reimbursements. Later, the defendant filed a motion for summary judgment, contending that the plaintiff had not sustained a "serious injury" as required by New York law, and supported this argument with an independent medical examination report.

On January 30, 2019, the court denied the defendant's motion for summary judgment, finding that the plaintiff had presented a triable issue of fact regarding a serious injury to his cervical spine. This finding was supported by evidence from the plaintiff's treating physician, who indicated permanent injuries causally related to the accident. The case proceeded to trial, and on September 16, 2019, a jury returned a verdict in favor of the plaintiff, awarding $75,000 in general damages against the defendant.