Brooklyn Jury Awards Bicyclist Rear-Ended By Car $11M - Settled For $3M
On November 16, 2018, a damages only trial resulted in a Brooklyn jury verdict of $11,030,000 to a 41 year old bicyclist deliveryman who was hit from behind by a car. An uncontested pre-trial motion resulted in a finding that the operator of the vehicle was 100% at fault, as a matter of law. The only issue tried before the jury was a determination of how much the bicyclist should be awarded for past and future: pain and suffering, lost wages and medical expenses. During the 5 day trial the parties entered into a high-low agreement that protected the plaintiff with a minimum recovery regardless of how little the jury may award. In exchange, the defendant received a cap of $3,000,000 which protected the defendant (really his insurance company) in the event the jury awarded more than that amount.
The bicyclist sustained injuries that required two surgeries on his spine and one arthroscopic procedure on his knee. He tried to return to work several times but was unable to maintain his job as a deliveryman as the pain was too great. The jury awarded: $3,000,000 for past pain and suffering; $7,000,000 for future pain and suffering; $109,934 for past medical expenses; $923,594 for future medical expenses; and $0 for lost wages. As a result of the bicyclist having agreed to a "high" of $3,000,000--that's all he will get. There are no post trial motions or appeals allowed.
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