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Archive for the tag “MVA”

$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.



$1.7 million in car accident trial

Lets Review New York How Justice Works in A Car Accident Case.

The New York City Transit law department, faces off with the plaintiff in the motor vehicle accident trial Vidal v. Rodriguez.

In October 2011 Kelda Vidal, 26 years old while driving to her job when she stopped for an emergency vehicle near the intersection of Bedford and Willoughby avenues, when within seconds rear-ended by Louis Rodriguez who was behind the wheel of a Transit Authority vehicle.

Kelda Vidal claimed that as a result of the accident she underwent a neck discectomy and fusion surgery, replacing a disc with a metal plate, and remains in constant pain despite medication and therapy. According to reports from her pain management physician  it was confirmed that Vidal’s symptoms of neck and head pain are permanent. Vidal alleged that she could not resume her former duties as a hospital security officer.

The legal team of the NYC transit department tried to dispute the extent of Vidal’s claims, refuting her allegations of impeded movement through reports citing her range of motion as within normal limits.

The jury returned a verdict of damages for past and future pain and suffering, past medical expenses and lost earnings in the total amount of $1.7 million in the trial that concluded this week in Kings County Civil Term.

1.7 million For Plaintiff Rear ended in Car Accident

1.7 million For Plaintiff Rear ended in Car Accident

When a person is found person responsible for an accident — That person’s liability insurance company must pay an injured person for:

  • medical care & expenses
  • missed work & lost wages
  • pain and suffering
  • permanent disability or disfigurement
  • loss of normal lifestyle (family, education,etc…)

Injured in an moving vehicle accident in New York? Got questions? Ask a New York car accident lawyer. The advice is FREE!


Belt Parkway Deadly Car Crash

A  car crash on the Belt Parkway in Brooklyn early Monday, kills one person and injures three others.

The accident occurred at 1:15 a.m. on the Erskine St. exit ramp in the Spring Creek area, according to NYPD.

The three victims of the car crash were transported to Brookdale Hospital, where one remains in critical condition.

Firefighters according to witnesses worked to pry a man’s body from the driver’s seat of the Nissan sedan along with administering aid to a female passenger.

Brooklyn Car Crash

Car crashes into a pole on the Belt Parkway in Brooklyn, killing driver, injuring 3.

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