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Archive for the tag “awarded”

$1.375 million awarded in MVA case

The jury in the motor vehicle accident trial of Jennel Morgan v. Aleksandr Arakelov, decided in favor of the plaintiff resulting in an award of 1.375 million.

Morgan was injured, in November 2013, when an out-of-control box truck crossed over into the opposing lane of traffic and ran into six parked vehicles on Avenue D in the Brooklyn Terminal Market area. Morgan was in the last of the cars struck. The officer on the scene at the time testified that the truck driver admitted to falling asleep at the wheel, which the truck driver (Aleksandr Arakelov), denied at trial.

Judge Rivera directed a verdict in favor of the plaintiff against the defendants. The trial proceeded on the determination of damages.

Morgan, 25 years old, at the time of the accident, claimed serious injury to her neck, back & shoulders. She claimed disc herniation, bulging discs and bilateral labral tears. In addition to physical therapy, Morgan underwent cervical disc fusion as well as two arthroscopic shoulder surgeries.

Opposing counsel representing Arakelov, Leo’s Apple Ltd. and Salem Truck Leasing Inc. Passarelli called on expert testimony supporting his allegation that Morgan’s injuries were degenerative, not traumatic. A biomechanical engineer alleged that the forces exerted on Morgan inside her parked vehicle would have been minimal and could not have resulted in the claimed injuries.

Surveillance video which captured the (MVA) accident showed Morgan’s car pinned against an adjacent building wall. After three hours of deliberation the jury returned awarding Morgan damages totaling $1.375 million. The recoverable amount will be amended to meet the existing high-low agreement in place.

High Low Agreement Explained:

High Low Agreements are made between the plaintiffs, the defendants, and their attorneys. The purpose of such an agreement is to set a high or preset limit as well as a bottom low for which the case will be resolved. This agreement guarantees that the  injured plaintiff will receive monetary compensation which eliminates the possibility of obtaining no recovery in the event of a dismissal or defense verdict after trial.

It also sets a cap on the monetary recovery, in actuality protecting the defendants from having to pay a large amount in the event a jury awards a very large sum to the injured party. The terms of such an agreements should be negotiated carefully.

 

 

$700K Awarded to passenger in three-car collision

Passenger awarded 700k for injuries, pain and suffering from rear end collision.

In the motor vehicle accident trial Agrest v. Murphy involving a three-car rear end collision that occurred in November 2013 in Staten Island. Alla Agrest, 47 year old was at a full stop when her car was struck from the rear, and she claimed she felt two impacts. Myriam Volpe, was driving the vehicle directly behind Agrest. John Murphy’s car was last in the chain. Each party maintaining that the other hit first and pushed their car into Agrest’s, but the jury found both equally at fault.

Alla Agrest claimed that she required anterior cervical discectomy (ACDF) and fusion surgery to repair herniation’s and other injuries to her neck as a result of the accident. The procedure removes a herniated or degenerative disc in the neck area of the spine, after which a bone graft is inserted to fuse together the bones above and below the disc space. Agrest also underwent arthroscopic surgery to her right knee.

The defendants all maintained that either the accident worsened chronic physical conditions, or that Agrest’s injuries were not that serious. The jury, however, saw thing differently and awarded Agrest a total of $700,000 in damages, including $500,000 for past pain and suffering. The trial ended this last week in Kings County Civil Term.

The baloney in the sandwich, rear end crashes are a good percentage of the cases our law office picks up.  Anyone injured in a rear-end accident as the driver or passenger, caused by negligence deserves full compensation for their injuries and should discuss a legal claim with our law firm by calling at 718-233-3913 as soon as possible. says Paul Ajlouny, New York car accident attorney.

three-car collision

24 Hour Free Accident Advice: 718-233-3913

Serious injury can occur as cases in a rear-end accident:

  • Fractures
  • Traumatic brain injury (TBI)
  • Loosing teeth
  • Whiplash (neck injury)
  • Back injuries
  • Crushed limbs
  • Internal Injuries
  • Bruising or contusions
  • Burns
  • Spinal cord injury (SCI)

Getting rear ended can cause severe injuries in the chest, head, neck and spine. Whiplash being the most common injury sustained in a rear ended accident as a result of movement of the head forwards and then backwards very quickly.

There are about 1.7 million rear-end collisions on U.S. roadways each year. About 1,7000 people die in those collisions and another 500,000 are hurt. according to the National Transportation Safety Board (NTSB).

In a report accompanying the recommendation, the NTSB pointed to a study by the National Highway Traffic Safety Administration which found that 87 percent of rear-end collisions happened because the driver simply wasn’t paying attention to the road.

The NTSB said that cell phones and other non-driving related systems in cars contributed to that distraction.

The National Highway Traffic Safety Administration (NHTSA) statistics:

  • 23% of crashes are run-off-road/loss of control incidents
  • 28% of crashes are rear-end collisions
  • 9% of crashes were caused by bad lane changes

SOURCE: National Transportation Safety Board 

 

 

 

 

Injured livery driver awarded $340K by Brooklyn jury

In the motor vehicle accident jury trial of Aureliano Tlatelpa v. Rachel Roth a Brooklyn jury awarded a livery driver 340K.

The livery driver, employed by a car service,  with a Class E license, was at the wheel when his vehicle was impacted by a women driver, making a left turn late night in March 28, 2012. The accident occurred at the intersection of Caton avenue and MacDonald avenue in Brooklyn.

Mr. Tlatelpa, the injured driver, was sent immediately to the ER where he underwent surgery for a meniscus tear related to the accident and suffered disc herniation and disc bulging.

Mr. Tlatelpa had to undergo physical therapy for a year but returned to work in limited capacity after four months, though not as a driver. Mr. Tlatelpa lost the ability to fully support his family and had claimed that he continues to suffer back, neck, head, shoulder and knee pain.

After 45 minutes the jury deliberated finally reaching a verdict finding 100 percent in favor for Mr. Tlatelpa. It awarded damages totaling $340,000 for past pain and suffering, future pain and suffering, future medical expenses, and property damage.

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