Pillinger Miller Tarallo, LLP successfully defended a jury verdict in a pedestrian motor vehicle action in Kings County Supreme Court, where the jury found that the plaintiff did not sustain a “serious injury” under New York law.
In Nutakor v. Beckles (Supreme Court, Kings County, Index No. 527143/2021 – PMT: Automobile, General Liability, and Trial Practice), the plaintiff, a pedestrian, was struck by a motor vehicle while crossing Utica Avenue at the intersection of Winthrop Street in Brooklyn in December 2019. Liability was determined against the defendants prior to trial, with statutory interest accruing for more than three years.
The plaintiff claimed injuries including left knee arthroscopic surgery followed by multiple injections, an alleged need for a total knee replacement, cervical disc bulges with radiculopathy, and a right shoulder subdeltoid tear without surgical intervention. The defendants contested the claims, arguing that the plaintiff did not sustain a “serious injury” as defined by New York Insurance Law § 5102(d).
Following two days of jury selection and a three-day trial, the jury—comprised of four women and two men—deliberated for approximately 90 minutes before finding that the plaintiff did not sustain a significant limitation of use of a body function or system, nor a permanent consequential limitation of use of a body organ or member.
The plaintiff’s post-trial motion to set aside the verdict as against the weight of the evidence was denied, preserving the defense verdict in its entirety.
This outcome underscores PMT’s strength in automobile and personal injury defense, particularly in cases involving contested damages and the serious injury threshold, and highlights the firm’s effectiveness in trial advocacy before New York juries.
Should you have any questions, please call our office at (914) 703-6300 or contact:
Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com
Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com
Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com
Richard J. Freire, Executive Partner
rfreire@pmtlawfirm.com
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