A Chinese deliveryman on an electric bike was awarded $11,033,527.64 on Friday , November 16 by a jury after a trial in Kings County (J. Silber) where the plaintiff, a Chinese delivery person, was operating an electric bicycle on Broadway near Fulton Street, in New York, New York, when he was struck by a vehicle owned and operated by Defendant.
Plaintiff moved for summary judgment on the issue of liability under the common law principle that a rear-end collision establishes a prima facie case of negligence on the part of the operator of the rear vehicle. The court granted Plaintiff’s summary judgment motion on the issue of liability. Therefore, the matter proceeded to a damages only trial.
Following the collision, Plaintiff was removed from the scene of the incident to New York Presbyterian Hospital – Lower Manhattan, where he was treated and released.
A few days later, Plaintiff came under the care of a physiatrist where he complained of pain to his neck, lower back and right knee. Thereafter, he began a course of conservative treatment, including physical therapy and injections. However, the conservative care failed to alleviate his pain and he was referred to two orthopedic surgeons to address his ongoing pain to his neck, lower back and right knee. Ultimately, he underwent a cervical spine fusion surgery at C5-6, a lumbar laminectomy, facetectomy, and discectomy at L3-4 and L4-5, and a right knee arthroscopic surgery.
Following the incident, Plaintiff made several attempts to return to work but ultimately he was unable to continue to work due to the severity of his injuries. At the time of trial, Plaintiff still was unable to work. There was no claim for loss of earnings.
Following deliberations, the breakdown of the jury verdict was $109,933.64 past medical bills, $923,594.00 future medical bills, $3,000,000 past pain and suffering and $7,000,000 future pain and suffering.
The case, which last approximately three weeks was handled by James C. Napoli of Caesar and Napoli, P.C.
See the published New York Law Journal article here.