10/4/2018 – Jury Verdict for the Defense on the Serious Injury Threshold

On October 4, 2018, Jason secured a defense verdict for our clients in Bronx County on the issue of the serious injury threshold.  In this case, Smith v. Monroe, et. al., pending in Supreme Court Bronx County, plaintiff was a rear-seat passenger in a taxi that was rear-ended by the defendants’ ambulance.  As a result of the accident, she claimed she sustained injuries to her cervical spine, left shoulder and lumbar spine.  She underwent a three-level cervical discectomy and fusion; a left shoulder arthroscopy; and was recommended for a lumbar spine fusion.  Smith had multiple comorbidities, including bilateral total knee replacements and a prior lumbar spine injury that contributed to extensive pre-existing degenerative conditions.

Summary judgment was previously granted to plaintiff on the issue of liability and the case proceeded to trial solely on the issue of damages.  The jury returned a verdict after deliberating for only 28 minutes in favor of the defense.  The jury found the plaintiff did not sustain a serious injury causally related to the accident under any of the relevant threshold categories.