Motorist Suddenly Pulls out of Parking Spot Causing Accident and Million Dollar Case
On June 25, 2007, Ms. Sweet Melody suffered injuries in a car accident. The accident occurred when Mr. Christopher Rios suddenly pulled out of a parking spot located on the side of the road. Ms. Sweet Melody was driving on the road where the parking lot was located. Mr. Rios was negligent while pulling out and accidentally collided into Ms. Melody’s car. Ms. Melody suffered injuries to her lower back, hip joints, thighs, and shoulders. Her treatment went on for two years. In 2009, Ms. Melody filed a lawsuit against Mr. Rios who was driving the car. Ms. Estella Rios, who owned the vehicle, was also added as a party to the lawsuit.
The Lawsuit
At the trial, Ms. Melody presented evidence that she sustained injuries to her spine and disc. Her medical records also suggested that there was significant nerve damage, which caused weakness and numbness in her spine. This nerve damage also caused chronic pain in her lower back. She also complained of an uncomfortable pain radiating from her right hip down to the bottom of her foot, where she complained of having a tingling sensation. Ms. Melody’s physician testified for her and stated that her feet had become so sensitive after the accident that she had to use a cane to walk. The physician further testified that it became very difficult for Ms. Melody to perform everyday chores like cooking, cleaning, or just simply going for a walk. Ms. Melody suffered from chronic pain in her left shoulder which required surgery and resulted in restricted mobility. She also suffered a cartilage tear in her knee, which required another surgery.
On the other hand, Defendants contended that Ms. Melody was negligent and did not honk while passing the parking exit, but they did not provide any evidence to support this claim. One of the key witnesses for Ms. Melody was her chiropractor, who was not available during the trial. Later when the chiropractor was available, Ms. Melody requested the trial court to allow the chiropractor to testify. The Chiropractor was an important witness as he retained Ms. Melody’s therapy records and was to testify on the condition of her lower back, hips, and shoulder. The Defendants objected to Ms. Melody’s request, but the trial court appropriately allowed the chiropractor's testimony and records, as Ms. Melody provided a valid reason, specified the evidence, and caused no prejudice or delay to the defendants. The Chiropractor testified that Ms. Melody would have restricted shoulder movement and knee pain as a result of her surgeries. They also stated that Ms. Melody could not engage in high intensity physical activities and would have to continue undergoing therapy for some time. On July 14, 2011, pursuant to the jury’s decision, the Court entered a liability verdict against the Defendants and awarded Ms. Melody a total sum of $959,882.78 in pain and suffering damages ($339,882 in past damages and $620,000 in future damages). The Defendants appealed the judgment.
The Appeal
In Melody vs. Rios, the Appellate Court reviewed the evidence and testimonies provided by both parties. Further, the Appellate Court also did a review of similar motor vehicle accident cases. Based on the review of evidence on record and similar cases, the Court found that the jury award of $620,000 for future pain and suffering ($20,000 per year for 31 years) deviated materially from what would be reasonable compensation. Based on these findings, the Court reduced the future pain and suffering damages to $465,000 ($15,000 per year for 31 years).
Sternberg Injury Law Firm PC
Sternberg Injury Law Firm, established in 2016, takes on personal injury cases, including motor vehicle accidents. We serve clients all over Long Island, including in Baywood, Vinegar Hill, and Lynbrook. Our firm offers complimentary consultations to all personal injury victims. We will thoroughly assess your case to determine how best we can assist you. Our priority is to secure the maximum compensation for you, allowing you to focus on your recovery. We can be reached by email, website submission, or phone call.