Obstructed Intersection Results in a Collision
On the morning of June 6, 2016, Barry Schneider, a 69-year-old accountant, was involved in a tragic accident. Mr. Schneider was operating a motorized scooter at an intersection in Great Neck, a suburban area of Long Island, New York, at approximately 7:30 a.m. As he was passing through the intersection, a vehicle being driven by Mr. Haroon Hanasab approached, took a turn and collided into Mr. Schneider’s scooter. The collision was caused by Mr. Hanasab’s failure to yield the right of way to Mr. Schneider. Regrettably, the outcome was grievous as Mr. Schneider sustained critical injuries as a result of the accident's impact. Mr. Schneider, despite the immediate medical attention and ensuing efforts to save his life, passed away from his injuries four days later, on June 10, 2016. Mr. Hanasab and the Town were both sued by Mr. Schneider's wife, Ms. Beth Schneider.
The Lawsuit
During the trial, Mrs. Schneider argued that Mr. Hanasab had been negligent in his driving, which directly led to the accident. Additionally, she claimed that the Town was at fault for improperly placing a stop sign and failing to maintain the area by not trimming the shrubbery, vegetation, and plantings. This negligence obstructed the view of motorists at the intersection, creating a hazardous condition that ultimately contributed to the tragic accident.
Mr. Hanasab testified that he stopped at the stop line for approximately three seconds and looked to his left and his right to ensure that there was no incoming traffic. He added to his testimony that his view to the traffic travelling from his left to right was obstructed by the bushes and large trees that were not trimmed. According to Mr. Hanasab, the vegetation was so dense that he could only notice Mr. Schneider when they collided. On the other hand, the Town denied all claims made by Ms. Schneider and contended that Mr. Hanasab is a resident of the area for ten years and he should have been more careful while crossing the intersection.
The Nassau County jury found that both parties were at fault, the town for permitting the vegetation to overgrow and obstruct motorists' views of the intersection, and Mr. Hanasab for violating Mr. Schneider’s right of way. The jury awarded Mr. Schneider’s family $2,000,000 in damages for pre-death pain and suffering. The jury also awarded $426,000 for seven and a half years of prospective loss of earnings and $165,000 for medical expenses. The total liability was apportioned between both Defendants with the Town held liable for 70% and Mr. Hanasab for 30%. Defendants appealed the judgment only limited to damages for pre-death pain and suffering.
The Appeal
The Defendants, Mr. Hanasab and the Town contended that the pain and suffering award was excessive due to the fact that Mr. Schneider's discomfort was managed with medication. However, the medical expert for Mr. Schneider testified that Mr. Schneider was alert and conscious during his hospitalization, and he experienced extensive pain and suffering that were never entirely controlled. The Medical Expert testified that Mr. Schneider also had difficulty in breathing. According to the hospital record, Mr. Schneider experienced pain at a level of six, seven, and ten on a ten-point scale, with ten being the most severe. On these grounds, the appeal to reduce the pre-death pain and suffering damages was dismissed.
Sternberg Injury Law Firm
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