Steve Williamson · Nathan Werksman
Low-speed pedestrian knockdown auto case results in record-setting $117,747,000.00 verdict in New York City
September 5, 2024 6:30 PM||TLU n Demand
In this case, Steve Williamson represented a professional in his late 30’s who was struck by a car in an indoor parking garage as he was on his way to work. The vehicle was reversing at a low speed when it struck our client. He was pushed forward and landed on his hand and knee but wasn’t fully knocked down. The client walked away from the incident and then several blocks to his office where he reported the incident and later complained of low back pain.
Unbeknownst to the client, he had a congenital defect in his lower lumbar spine which had been asymptomatic his entire life. Before this incident, he lived a full, active life without restrictions, working full-time and exercising regularly. But the preexisting condition made him more vulnerable to a trauma involving his low back.
When the car reversed into him, the impact activated his preexisting condition, causing it to become unstable and symptomatic. This led to additional problems at the same level of his lumbar spine. Although he returned to work for a period of months, his symptoms worsened, and conservative treatment failed to alleviate them.
About six months after the original incident, our client had a subsequent event at work that was documented in the medical records as aggravating his condition. As time passed, he missed more work and was eventually fired. Soon after, he underwent surgery but suffered a complication during the procedure that further worsened his condition.
Events cascaded from there. In the ensuing years, our client remained disabled and underwent extensive non-operative care and, eventually, two additional lumbar spine surgeries.
By the time of trial, we claimed that the preexisting condition had become a debilitating, disabling and permanent injury that had devastated the client’s life. In addition to pain and suffering losses, he sought damages for lifelong medical care and substantial lost earnings.
Pretrial, summary judgment on liability was granted.The case proceeded to trial on damages only, but with plaintiff’s non-economic damages subject to the New York No Fault Serious Injury threshold law.
The defendants refused to acknowledge the damages. They asserted that the incident occurred at a very low speed and was minor, pointing to the fact that our client walked away without seeking medical attention. They claimed that the conditions alleged were all preexisting and not connected to or aggravated by the incident. They questioned the necessity of the medical treatment and disputed the disability. With sharp elbows, the defense asserted that the client was exaggerating his injuries and inability to work for purposes of gaining financially from the lawsuit.
After a month-long trial, the jury sided with our client and rejected the defense arguments with a record-breaking verdict of $117,747,000.00, which included 9,000,000 for past pain and suffering and $51,000,000 for future pain and suffering, and $10,000,000 for future medical expenses, along with other damages awards.
In this webinar, Steve will discuss the challenges that confronted the plaintiff at trial and the strategies that he used to overcome them. Steve will discuss the methods used to respond to the defense arguments and how those methods contributed to the verdict.
Steve will review his strategies and methods in the context of trial preparation, witness preparation, storytelling, visual imagery, voir dire, direct examination, cross examination of defense experts and summation.
Broadly, Steve will also discuss several general trial practice methods and approaches that he used successfully in this case and others that recently resulted in seven and eight-figure verdicts.
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