New York, N.Y. (April 10, 2024)- New York Partner James T. Whalen andNew York/San DiegoPartner AndreaM.Maestas recently secured a defense verdictonbehalf of Lewis Brisbois'client in New York Supreme Court, Westchester County.
In this matter, the plaintiff,a50 year-oldwoman,was involved in two car accidents. In the first incident, shewas operating her vehicle when a car struck her in the rear.Oneweek later,theplaintiff again was operating her vehicle whenLewis Brisbois'insured's car struck her in the rear.The matters arising from the twoaccidents were consolidated intoa singleaction. Thecourt awarded summary judgment that established liability as to both accidents,andthe trial proceeded as to damages only.
Duringtheplaintiff's case-in-chief,shealleged thatas a result ofboth accidents, she sustained a long-term injury to her neck and lower back. She contended thatthese injuriesrequired an anterior cervical fusion and discectomy andthat shewould requirelumbar surgery in the future. Aftertheplaintiff rested, thecourt grantedtheco-defendant's motion for a directed verdict as to thefirstaccident. Therefore, the jury only considered whether,as a result ofthe second accident, theplaintiff sustained a serious injurythat would continue to cause pain and suffering as well as anticipated future medical expenses, including an anticipated lumbar spine surgery.
Following the close of trial, the jury deliberated for approximately 30 minutes before being released for the day. The next day, after the jury sent outthreenotes, it returned a verdict finding thattheplaintiff (1) did not sustain a permanent or consequential limitation of the use of a body organand (2) did not sustain a significant limitation oftheuse ofa body function or system. Therefore, under New York law, because the plaintiff did not sustain a threshold injury as defined under New York Insurance Law 5102(d), she was not entitled to recover. Accordingly, the verdict was in favor of the defendant.
Mr. Whalen is a member of Lewis Brisbois' National Trial Team and Transportation Practice. With more than 40 years of experience, he has secured over 100 defense verdicts, is one of the top trial attorneys in New YorkState, andis perennially named to the Super Lawyers list by his peers based on his professional achievements.Mr. Whalen also is on the Board of Directors of the Defense Association of New York, is amember of the New York State Trial Lawyers Association, and is thevice-chairman of Lewis Brisbois' Construction Accident/New York Labor Law Committee.
Ms. Maestas isa member ofLewis Brisbois'Medical Malpractice and Healthcare Practices.She regularly defendsphysicians, hospitals, behavioral health facilities, and medical groups in malpractice and related claims throughout California and New York.Ms. Maestastypically handles complex and catastrophic cases, includingthose involvingadult and pediatric neurological deficits, severe orthopedic injuries, paraplegia, and death.