New York Jury Awards $34,600 in Pedestrian Accident

On May 26, 2004, a plaintiff was a passenger in an automobile that was rear-ended near the intersection of Bedford Avenue and De Kalb Avenue in Brooklyn. The plaintiff's vehicle was preparing to make a U-turn when the collision occurred. The plaintiff subsequently filed a lawsuit, alleging the driver of the striking vehicle was negligent and the vehicle owner was vicariously liable. The defendants conceded liability, and the case proceeded to trial solely on the issue of damages. The plaintiff claimed to have sustained a herniated disc at C5-6, seeking medical treatment 21 days after the incident. Treatment included chiropractic care, acupuncture, massage therapy, and hot and cold packs over several months. The plaintiff reported missing two days of work and alleged permanent neck pain, decreased range of motion, and episodes of immobility, asserting an inability to engage in activities such as dancing, playing basketball, or wearing high heels. A family medicine physician testified on the plaintiff's behalf. The defendants argued that any injuries sustained by the plaintiff resolved within 90 days of the accident, with the decreased range of motion improving within three months. A radiologist testified for the defense, stating that the plaintiff's MRIs were normal and indicated no injury. Prior to the verdict, the parties agreed to cap any damages award at $25,000, which represented the policy limits. The plaintiff had also settled a claim with the driver of the vehicle in which she was a passenger for $3,500. Following the trial, a jury awarded the plaintiff $30,000, including $10,000 for past pain and suffering and $20,000 for future pain and suffering. The final recovery was then reduced to the agreed-upon $25,000 cap.

One driver was traveling on a tollway when their vehicle ran out of gas and became disabled. The other driver, who was following behind, struck the disabled vehicle. The first driver claimed injuries to their neck and back. The jury found the second driver 80% liable and the first driver 20% liable.

One driver was stopped on a road when their car was struck from behind by another car. This initial impact propelled the stopped car into a third vehicle. The driver of the first car claimed injuries to their back and neck, seeking damages for medical expenses and pain.

One driver was traveling south when their vehicle was struck from behind by another vehicle. The occupants of the first vehicle claimed injuries to their back and neck. The driver of the first vehicle alleged the other driver was speeding and inattentive, while the second driver claimed the first vehicle stopped suddenly. The first driver sought damages for medical costs, pain, and suffering.

One driver was stopped to make a left turn when their pickup truck was hit from behind by another vehicle. The driver of the pickup truck claimed injuries to their back and neck. The lawsuit alleged the other driver was negligent. The trial focused on damages.