Defense Verdict in Truck Collision Case
In a trial involving a collision between a truck owned by the defendants and a truck driven by the plaintiff, Matthew J. Vitucci obtained a unanimous defendant’s verdict on the issue of damages. Liability in the matter had been previously been decided by the court. Plaintiff claimed a variety of injuries to his head, causing a loss of hearing, a herniated disc at C4-5 and L5-S1, post-concussion syndrome, TMJ dysfunction and loss of balance. He claimed that he required the use of a cane to ambulate, and that his hearing loss required the use of bilateral hearing aides. He further underwent surgery for his TMJ dysfunction.
At trial, Mr. Vitucci, on cross-examination of the plaintiff and plaintiff’s experts, was able to establish that the injuries claimed in fact pre-dated the accident. Having determined that the injuries claimed were not causally related to the collision, the jury therefore concluded that the injuries did not meet the “Serious Injury” requirement set forth in the New York Insurance Law.