Defense Verdict

Jeffrey Van Etten

Defense verdict received following a three week trial in Supreme Court, Bronx County, in an automobile (garbage truck) pedestrian knock down. Plaintiff, a union stagehand, underwent seven surgical procedures including recent insertion of elbow prosthesis after he spent four years without an elbow. Although a spoliation charge was levied against the defendant based upon their destruction of daily trip inspection reports, we prevailed on a defense of misidentification/inability to identify defendant’s vehicle. At the time of trial appeals were pending on the denial of defendant’s motion for summary judgment. Plaintiff requested $9,750,000 from the jury based on over $2,600,000 in verifiable future and past earnings; and a stipulated $463,000 in past medical expenses.