Martin Rowe (partner) and Nadine Ibrahim (associate) secured a defense verdict on July 16, 2024, in the US District Court, Southern District of New York, before District Judge Gardephe in a disputed sideswipe trucking accident that occurred on the Cross Bronx Expressway.
As a result of the accident, the plaintiff injured his lumbar and cervical spine and underwent a lumbar discectomy at L3-L4 that was performed by Dr. Michael Gerling. Dr. Gerling testified at trial that the plaintiff would require lifetime medical care to his cervical and lumbar spine including pain management, physical therapy, annual diagnostic testing, a further lumbar discectomy and ultimately a lumbar fusion surgery. In his closing argument, the plaintiff’s counsel requested that the jury award $1.15 million in damages.
Our driver, smartly, took post-accident photos which depicted the final rest position of our truck and the plaintiff’s passenger vehicle. Based on Mr. Rowe’s strong cross examination of the plaintiff and direct of our driver, we were able to convince the jury that the plaintiff was attempting to overtake the insured’s truck while on the Cross Bronx Expressway and caused the accident. The defense verdict on liability was unanimous.