Westchester Partner Donald Derrico and Associate Christina Stewart secured a 50/50 split liability verdict in a motor vehicle lawsuit litigated in Kings County Supreme Court after taking over the case as trial counsel in 2024.
The plaintiff claimed that the firm’s client, while stopped at a red light in Brooklyn, New York, made a right turn without signaling when the light turned green, colliding with the plaintiff who was proceeding straight through the intersection on an electric scooter. The plaintiff subsequently underwent medical treatment and asserted that the incident worsened pre-existing conditions, including a previous surgery. The plaintiff further alleged that the client failed to maintain proper attention, yield the right of way, and use the necessary traffic signals.
Prior to trial, the GRSM team negotiated a high/low settlement agreement, limiting the trial to liability only. At trial, they demonstrated that the plaintiff illegally attempted to pass the client on the right in violation of the vehicle and traffic law and was operating the scooter without a light or reflective tape. Through motions in limine, the team successfully precluded conflicting photographic evidence and the scooter itself from being admitted as evidence.
Using surveillance footage, photographs of the accident location, and testimony from the parties, the responding police officer, and a forensic video analyst, the GRSM team established that the plaintiff’s scooter had no light or reflective tape and was unlawfully operated on the roadway. They argued that the plaintiff’s actions were a substantial factor in causing the accident and that, if not for the traffic violation, the accident would not have occurred.
Following a brief deliberation, the jury returned a 50/50 liability verdict, awarding $625,000—$250,000 covered by the underlying carrier and $375,000 by GRSM’s client’s carrier—successfully mitigating what could have been a seven-figure verdict.
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