Defense Verdict in Major Auto Accident Case

ADAMS V. HASAN, ET AL.

On October 15, 2009 a Brooklyn jury returned a verdict in favor of one of our clients, who was represented by RKT  partner, Claire F. Rush.  The action arose out of a motor vehicle accident that occurred on July 30, 2003 at approximately 6:50 a.m. in the vicinity of the intersection of Canal and Hudson Street in Manhattan.  The plaintiff a 49-year-old security guard was driving a company vehicle eastbound on Canal Street in Manhattan in the course and scope of his employment.  As he turned left onto Hudson Street he was struck in the intersection by a taxi cab operated by our insured.  

As a result of this incident the plaintiff sustained a herniated discs at C6-C7, L1-L2, L3-L4 and L5-S1.  He has undergone a cervical discectomy and fusion.  He has received multiple trigger point injections and continues to complain of both cervical and lumbar radiculopathy.  He never returned to work.  His special damages consisted of past medical expenses of $145,000 and past earnings of $83,750.00.  

Plaintiff testified at  trial that he had a green left turn arrow when he made the turn onto Hudson Street and that the defendant ran a red light causing the collision in the intersection.  Plaintiff offered the testimony of his co-worker to support this claim.  The defense contended that the driver had a green light and that it was the plaintiff who did not yield to oncoming traffic at the intersection.   The jury accepted the defendant's arguments and non suited the plaintiff, despite his grievous injuries.