New York Injury Lawyers Blog

In May, a Brooklyn jury awarded over $36,000,000.00 in damages in a case involving a 12 year old boy on a bicycle struck by a speeding motorist. The victim sustained fractures of the skull and ankle, as well as brain damage after being struck by the defendant, who, according to investigators, was driving 24 mph in excess of the speed limit. The boy's mother, acting both individually and on behalf of her son as his guardian, sued the driver for negligently operating his motor vehicle; the owner of the vehicle, claiming vicarious liability; and the city of New York for negligently failing to address a persistently dangerous condition that caused the accident.

In suing the city, the plaintiff contended that speeding was a persistent problem on the road where the accident occurred. The plaintiff claimed that the city knew this, yet failed to implement measures to deter speeding. As such, this failure to act constituted a proximate cause to the boy's injuries.

Along with damages for pain and suffering and medical expenses, the plaintiff sought damages for future lost earnings. An expert for the plaintiff testified that prior to his injury, the boy would have been able to earn a salary equal to or above the national average. Due to the brain damage sustained in the accident, however, the child now stands to earn a minimal salary because of the probability that he will only be able to maintain part-time employment. The plaintiff asked for $6 million in lost future earnings.

The jury found liability to be 50% for the car owner and driver, 40% for the city, and 10% for the child. The final damage award found by the jury was $36,161,797.52. Subtracting the 10% comparitive-negligence for the boy, the total damages awarded to the plaintiff family were $32,545,617.77. The insurer for the individually named defendants is obligated to contribute $50,000.00. In all likelihood, this is all that they will contribute. The rest of the damages fall to the city to pay. Unfortunately for the plaintiffs, the city must pay all remaining economic damages, but only 30% of the noneconomic damages. Thus, the $31M+ figure will likely come down. It is still a substantial monetary award, but doubtless an award the family would forego to have avoided the accident altogether. Robert Walker, Esq. of Mineola, NY represented the plaintiff in this case.

Website Resource: New York Law Journal

A Kings County (Brooklyn, NY) jury recently returned a $6.1 million verdict in favor of a bicycle deliveryman involved in a motor vehicle accident on June 4, 2005. Plaintiff, Jing Xue Jiang, a 26 year-old, was struck by a vehicle driven by Jamaal Freeman at the intersection of Halsey Street and Lewis Avenue.

Jiang sued Freeman and the owners of the vehicle driven by Freeman, Dollar Rent a Car and Rental Car Finance Corp. Jiang alleged that Freeman ran a red light and that the corporate owners were vicariously liable for the driver's actions. Plaintiff also claimed that Freeman was speeding.

Plaintiff sustained multiple injuries including a fracture of his C4 vertebra; fractures of the transverse processes of his T12, L1, L2 and L3 vertebrae; open fractures of his left leg's fibula and tibia; open fractures of his right forearm's radius and ulna bones; a concussion and a subarachnoid hemorrhage.

Jiang was placed in an ambulance, and transported to Kings County Hospital Center in Brooklyn where he remained for 14 days. He then underwent four weeks of physical therapy and in-home nursing care. He could not work during the six months following the accident. Plaintiff's expert neuropsychologist testified that plaintiff suffers residual impairment of his cognitive functions as a result of the subarachnoid hemorrhage.

Defendant Freeman did not appear during the trial. Defense counsel acknowledged Freeman's negligence, but contended that Jiang could have avoided the collision. The jury found the defendant's 100% responsible for the accident and returned a $6.1 million verdict in favor of plaintiff.

Website Resource:

VerdictSearch, Jiang v. Dollar Rent a Car, Inc., July 30, 2010.

On July 17, 2008, a 50-year-old New Rochelle, NY dad, William A. Furelle, drove drunk with his three daughters in the car. While taking the three children ages 5, 9, and 10 to dinner, Furelle injured an 11-year-old bicyclist on Storer Avenue in Pelham.

The young child hit the van's windshield, and he suffered injuries to his shoulder. Furelle plead guilty to a misdemeanor driving while intoxicated (DWI) and one count of child endangerment in exchange for probation and the revocation of his driver's license. Furelle will be able to apply for a conditional license to travel to work. Furelle was not charged with a felony because his crime took place prior to the institution of Leandra's Law.

Website Resource:

DWI dad pleads in Pelham bicyclist accident, Journal News, Leslie Korngold, February 5, 2010.

On November 6, 2009, a 66 year-old male Greenburgh resident was struck by a Westchester County Bee-Line bus while riding his bicycle on Route 119 (Tarrytown Road). He was reportedly crossing Route 119 when the accident occurred. The cyclist died shortly after being transported to White Plains Hospital by emergency personnel.

The driver of the Westchester County Bee-Line bus cooperated fully with the investigation of the Greenburgh Police Department. It is unknown whether the bus driver was issued any citations for vehicle and traffic violations, or whether any other vehicles were involved in the accident.

The Westchester County Accident Attorneys of Gallivan & Gallivan offer free consultations to all individuals injured in trucking accidents or car accidents. Please contact us to discuss your case.

Website Resource:

Police: Bicyclist killed by Bee-Line bus in Greenburgh, Journal News, Shawn Cohen, November 6, 2009.

Lin Chen, a 36 year-old Chinese food delivery man was critically injured after a head-on collision with an FDNY vehicle in Brooklyn (NYC) in September. He was reportedly driving his scooter at approximately 10 pm when the FDNY truck collided with him at the 51st St. and Seventh Avenue intersection in the Sunset Park section of Brooklyn.

Chen is a married father of two young children, a one month old son and a thirteen month old daughter. After the accident, he was transported to Lutheran Medical Center by EMS personell with severe head trauma. The cause of the car accident is being investigated.

Website Resources:

Chinese food delivery man on scooter critically hurt in head-on collision with FDNY vehicle, Daily News, Sarah Armaghan and Joe Kemp, September 4, 2009.