Pain and Suffering Award Increased after Appeal in Motor Vehicle Accident
On June 14, 2018, Ms. Brenna Marie Sherlock was attempting to make a left turn onto Route 6, on Mahopac Avenue in Somers, New York. Simultaneously, Mr. Mauricio Mossos Plaza was traveling along Route 6 and was rapidly approaching the same intersection. He intended to make a left turn onto Mahopac Avenue. Ms. Sherlock collided with the passenger side of Mr. Plaza's vehicle while performing her turn. The impact was substantial as Mr. Plaza was T-boned. The collision was severe and Mr. Plaza suffered serious injuries to his neck and his lower back. He continued to have dizziness, headaches, neck pain, lower back pains, and numbness in his right arm. He was prescribed Tylenol and physical therapy. On August 20, 2019, Mr. Plaza filed a lawsuit against Ms. Sherlock. Mr. Kevin Sherlock, owner of the car, was also added as a party to this lawsuit.
The Lawsuit
During the jury trial, Mr. Plaza testified that he halted at the red light behind the stop line and that the light in his turning lane was red, and the lane to his right had a green light. He added that his foot was on the brake and he stopped at least fifteen meters from the light itself. He added that he looked to his left, but failed to notice Defendant’s car. Defendant, Ms. Sherlock stated that she was making a left turn onto Route 6 from Mahopac Avenue and failed to observe Mr. Plaza’s vehicle and crashed into it.
Regarding damages, Mr. Plaza testified to having unbearable pain in his wrist and lower back. He also testified about his inability to engage in everyday chores like driving, lifting weights, walking, or even sitting for too long. Defendant’s medical expert, Dr. Bucker, reviewed Mr. Plaza’s MRI and testified that he could not see any signs of recent trauma to his spine. He further testified that Plaintiff was recovering steadily. Plaintiff’s medical experts Dr. Liu and Dr. Lattuga concluded that his injuries were related to the accident on June 14, 2018. Dr. Lattuga testified that Mr. Plaza sustained a permanent limitation of use of his spine, with limited range of motion.
After the trial, the jury observed that Mr. Plaza’s description of events were unclear. Mr. Plaza testified that he stopped his car fifteen meters behind the light, but the collision occurred inside the intersection blocking traffic. The Jury could not understand how his automobile moved from fifteen meters behind the stop line to the intersection blocking traffic. Subsequently, the jury apportioned 50% responsibility for the accident to each party. In damages, the jury awarded Mr. Plaza a sum of $53,625 for past pain and suffering, $53,625 for past loss of earnings, and no future damages.
Plaintiff filed an application under CPLR 4404(a), arguing that the liability judgment was erroneous and the damages verdict was insufficient and also inconsistent with evidence. Mr. Plaza also held that there was an undisclosed relationship between the Court's law secretary's father and defense counsel’s law firm which prevented him from having a fair trial. On March 18, 2022, the Supreme Court denied Mr. Plaza’s motion and upheld jury’s verdict on liability and trial. Mr. Plaza’s contentions regarding mistrial were also rejected as the record demonstrated that the law clerk was not privy to the details of this matter and barred from working on any action involving the defense counsel's firm. Mr. Plaza also failed to submit any evidence of actual bias or impropriety. Mr. Plaza appealed the Order dated March 18, 2022.
The Appeal
In Plaza vs. Sherlock, the Appellate Division reviewed all jury trial proceedings, evidence, and testimonies on record for both parties and held that the jury properly apportioned the liability. The Appellate Court also agreed that the trial judge appropriately denied Mr. Plaza’s motion, which was to set aside the jury verdicts based upon the connection between the trial justice's law clerk and the defense counsel's firm. The Jury's award of damages for future pain and suffering, future medical expenses, and future lost earnings were also upheld. However, based on the review of similar cases and Mr. Plaza’s medical records, the Appellate Court revised Mr. Plaza’s past pain and suffering damages from $53,625 to $200,000.
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