Top Verdict: Motorist Strikes Pedestrian in Intersection

December 31, 2013

Motor Vehicle Law Reporter: Verdicts & Settlements

Lisa Brown, 53, was walking in a crosswalk when motorist David Capers turned into the intersection and struck her. Brown suffered injuries to her lower back, including a herniated disk at L2-3, bulging disks at L4-S1, and related spinal nerve root impingement. Despite a year and half of physical therapy, she continues to experience pain and a reduced range of motion in her lower back, and her physician has recommended a diskectomy at L2-3. Her past medical expenses were paid by no-fault and her own insurance.

Brown sued Capers, alleging that he failed to yield to a pedestrian in the crosswalk.

Capers disputed Brown’s account of the incident and argued that she walked into his car. The defendant also argued that Brown’s injuries were the result of a degenerative condition and not any injuries she sustained in the accident.

The jury found that Capers was responsible and awarded $400,000, including $300,000 for future pain and suffering and $100,000 for past pain and suffering.

The matter was later resolved to the parties’ mutual satisfaction.

Citation: Brown v. Capers, No. 14826/11 (N.Y., Kings Co. Sup. Oct. 11, 2013).

Plaintiff counsel: Bryan J. Swerling, New York City.

Plaintiff expert: Jerry Lubliner, orthopedic surgery, New York City.

Defense expert: Richard Weiss, orthopedic surgery, Smithtown, N.Y.