Martin Rowe,, a Partner in our New York office, successfully secured a unanimous defense verdict in the Eastern District of New York in a rear-end collision case involving significant claims of future medical treatment and damages.
Plaintiff, age 41, alleged that he sustained various injuries as a result of the collision. Liability was conceded, and the trial proceeded on damages only. Plaintiff sought over $2 million in damages, including more than 36 years of future medical costs.
Plaintiff underwent an extensive course of treatment following the accident, including treatment with multiple physicians, chiropractors, and physical therapists. He ultimately underwent surgical procedures to his shoulder and spine. At trial, Plaintiff’s treating physicians testified that he would require ongoing medical care, including additional spinal surgeries, for the remainder of his life.
The defense presented testimony from orthopedic and spine specialists who opined that Plaintiff’s conditions were largely attributable to pre-existing degenerative changes and that the surgeries he underwent, as well as the additional surgeries recommended for the future, were not necessary or causally related to the accident.
During closing arguments, Martin delivered a compelling presentation highlighting the photographs of Plaintiff’s vehicle, which showed no damage, as well as inconsistencies in Plaintiff’s testimony regarding how the accident occurred. Martin also focused heavily on Plaintiff’s claim for future damages, noting that Plaintiff sought medical costs for more than 36 years despite having received no treatment for the past two years, while raising questions regarding the financial interests involved in Plaintiff’s proposed future care.
The eight-person jury returned a unanimous verdict in favor of the Defendants, finding that Plaintiff failed to meet any category of the serious injury threshold under New York Insurance Law § 5102(d).
This result reflects a complete defense victory for our clients and an outstanding trial result for Martin Rowe.
Congratulations to Martin Rowe on this exceptional defense victory and tremendous result for our clients!