Defense Verdict in Damages-Only Case
In a matter tried before Justice Geoffrey D.S. Wright in Supreme Court, Bronx County, Mary L. Maloney obtained a unanimous defense verdict on behalf of the MTA after the court had granted summary judgment to plaintiff whose vehicle was rear-ended by a paratransit van. Plaintiff claimed to have sustained bilateral cubital tunnel syndrome, right C7 radiculopathy, atrophy of the right hand, loss of dexterity of the right hand, bilateral ulnar entrapment neuropathy, necessity to undergo a bilateral cubital release and anterior transposition of the ulnar nerve, numbness and weakness to both hands, and disc herniations at C5/6 and C3/4 with restriction of range of motion. Plaintiff presented expert proof supporting all medical claims.
Ms. Maloney was successful in arguing that, while plaintiff had these injuries and surgical procedures, he failed to establish causation, thus resulting in a defense verdict at trial.