Award Upheld in Rear End Case
On August 7, 2010, Mr. Anil Sehgal was at the intersection of Fifth Avenue and West 57th Street in Manhattan when his vehicle was rear-ended by another car. The car which struck them from behind was owned by “www.nyairportsbus.com, Inc..” Mr. Sehgal's wife, Renu, was also with him and both were critically injured after the accident. Mr. Sehgal suffered a herniated disc, necessitating surgical removal of the damaged disc and required another surgery for complete correction. He had more herniated discs that required physical therapy for correction. He also suffered a partial muscle tear in his right shoulder which necessitated surgery. After his accident and surgeries, he was unable to bend, stand for extended durations, or lift heavy objects. Mrs. Sehgal also had disc herniations, but her injuries did not require any surgeries. Both Mr. and Mrs. Sehgal filed a lawsuit against the corporate entity that owned the car and the driver of the car.
The Lawsuit
Mr. Sehgal and his wife filed an application for summary judgment to declare Defendants liable. On August 10, 2011, their application was dismissed. The judge held it was too early in the proceedings to hold Defendants liable without going into trial and reviewing the facts and evidence of the matter in detail. Mr. Sehgal appealed and on November 21, 2012 the Appellate Division held the Defendants liable as they failed to present any relevant evidence to prove they were not negligent while driving. The appellate court also relied on Vehicle and Traffic Law § 1129(a) according to which when there is a rear-end collision, the driver of the car in the back is assumed to be at fault.
Following this ruling, a damages-only trial was held. Dr. Alexandre DeMoura (spine surgeon), and Dr. Ali Guy, (physiatrist who devised a life care plan) testified for Mr. Sehgal outlining the costs associated with extensive medical treatment, physical therapy, diagnostic testing, pain-killer injections, as well as future spinal and cervical surgeries. The Defense attempted to show that Mr. Sehgal’s attorneys referred him to Dr. Guy, not for medical care, but to increase his claim’s value. They planned to question Mr. Sehgal about this, however, at the beginning of the trial, the judge ruled that the defense couldn’t ask him about how he was referred to Dr. Guy or other doctors, as there was nothing on record to suggest that Mr. Sehgal or his attorneys engaged in any dishonest or deceitful behavior.
Mr. Sehgal also testified that he had grown reliant on his wife and others for everyday chores such as mowing the grass, cleaning his cars and house, or assisting his wife with cooking. Mrs. Sehgal stated that his injuries had impacted his capacity for love and affection. The sole expert testimony for the defense was provided by orthopedic surgeon Dr. Gregory Montalbano, who asserted that Mr. Sehgal's prognosis for his right shoulder was highly favorable and unlikely to cause any future issues. He concluded that Mr. Sehgal experienced, at most, a cervical strain or sprain, rather than a herniated disc, which was, in any case, due to his age, rather than the result of trauma, and that he had no permanent disability or substantial limitations. The defense also stated that Mr. Sehgal was absent from work for about forty-five days due to his injuries and asserted that his condition had significantly improved, with no evidence suggesting he could no longer fulfill the benefits of marriage, such as love, companionship, society, and sexual interactions.
On January 8, 2015 Queens County jurors returned verdicts awarding Mr. Sehgal pain and suffering damages in the sum of $200,000 ($150,000 past – three years, $50,000 future – 18 years). They also awarded him damages for future medical expenses in the sum of $505,050 (18 years) and his wife damages for her loss of her husband’s companionship in the sum of $100,000 (past only). Defendants appealed under CPLR 4404 (a) to set aside the verdict as contrary to the weight of evidence and excessive in favor of Mr. and Mrs. Sehgal.
The Appeal
In Sehgal v www.nyairportsbus.com, Inc., the Appellate Court reviewed all jury trial proceedings, medical evidence, and testimonies on record for both parties and held that the jury’s determination of liability and award of damages was appropriate. The Appellate Court also noted the nature and permanency of Mr. Sehgal’s injuries and reviewed similar cases and finally on August 2, 2017, upheld the jury’s judgment.
Sternberg Injury Law Firm
Established in 2016, Sternberg Injury Law Firm is experienced in handling personal injury claims, including rear ending cases. Serving clients throughout New York State, we offer free consultations for those impacted by such incidents. Our experienced lawyers will carefully evaluate your situation to identify the best path forward. With a commitment to securing the highest possible compensation, our goal is to allow you to prioritize your recovery if you choose us as your attorneys. To get started, contact us via our website, email, or phone call today.