Dana Koos obtained a defense verdict in a bifurcated Jury Trial in Queens County Civil Court stemming from a 2015 motor vehicle accident in which liability was still in dispute.
Plaintiff, a 71 year old male, alleged that while traveling in the left lane of a highway for at least 15 minutes, the Defendant, also traveling in the same lane, rear ended him at approximately 75 miles per hour, causing his vehicle to be propelled onto the median with significant damage.
As a result of the accident, plaintiff alleged injury to his lumbar spine, right shoulder and right knee, to which he underwent arthroscopic knee surgery. As a result of his alleged injuries, Plaintiff claimed that was unable to continue running his business and was forced into retirement, among other physical limitations.
During cross examination, Dana successfully impeached the Plaintiff, by making him admit that he in fact had not been traveling in the left lane for 15 minutes, and that he had only entered the parkway and the moved across two (2) lanes of traffic, in front of Defendant and then slowing his vehicle down, which caused the contact between them. Photographs that were admitted into evidence of both vehicles also showed that Plaintiff exaggerated the damages to his vehicle. Affirming this, the Defendant testified that he was traveling in the left lane for several minutes, when Plaintiff cut his vehicle off and slowed down for no apparent reason causing slight contact which resulted in little to no damages.
After only 20 minutes of deliberation, the jury came back with a defense verdict stating that the Defendant was not negligent.