Reckless Pass on Icy Road Leads To Accident and Interest Dispute
On December 17, 2013, Ms. Linzy S. Patrick was instructed to utilize a State-owned pickup vehicle to travel to the regional State Park's office in Trumansburg in order to attend a permits meeting. On that particular day the weather in Trumansburg was snowy, and the roads were more slippery. Ms. Patrick departed the regional office at approximately 11:30 a.m. and returned via the same route. On her return trip, while driving at a cautious pace of approximately 40 mph she encountered Michael Sabine’s vehicle, which was traveling between 40 and 45 mph in the northbound, right-hand lane. Ms. Patrick briefly followed Mr. Sabine’s vehicle, before she increased her speed to 50 mph and abruptly changed lanes to overtake him. Unfortunately the driver's side of her truck collided with the guide rail and Ms. Patrick was unable to control it. The truck bounced off and the rear end spun around, causing it to crash into Michael Sabine’s vehicle.
The Trial
Aggrieved Claimant, Mr. Michael Sabine filed a motion for summary judgment against Ms. Linzy S. Patrick before the Supreme Court of New York. The Supreme Court relied on the deposition testimony of Ms. Patrick as per which the road had wet sludge and ice which made it slippery to drive on. The Court emphasized that despite the risky road conditions, Ms. Patrick accelerated and increased her speed to 50 miles per hour which was negligent, unsafe, and also a violation of Vehicle and Traffic Law section 1128(a). In her deposition testimony, Ms. Patrick also acknowledged the same. During trial, the same was also confirmed by a state trooper based on which the Court granted a summary judgment in Michael Sabine’s favor on September 29, 2018.
The case then advanced to a trial before the Court of Claims justice regarding damages. During trial, Mr. Sabine alleged that he was in the best physical condition of his life before the accident as he was training for the "American Ninja Warrior" competition, but after the accident he experienced severe nerve compression and discomfort in his neck, which necessitated surgeries as well as the implantation of a titanium rod. His doctor testified that his range of motion limitations are permanent and that he may have chronic lifetime pain.
The Conclusion
The defense, Ms. Patrick contended that Mr. Sabine's suffering and limitations were the result of degenerative disc disease that existed prior to the accident, and that he would have required surgery regardless of the accident. But this was rejected by the Court.. On conclusion of trial, the Judge held Ms. Linzy S. Patrick responsible to pay damages to Michale Sabine which included $550,000 in pain and suffering damages ($375,000 for the past eight years and $175,000 for the future) along with interest at the rate of 9% per annum. Payment of interest was made applicable from October 27, 2021, the date of decision establishing serious injury and damages (within the meaning of Section 5102(d) of Insurance Law) to December 22, 2021, when the judgment for damages was entered against Ms. Patrick.
The Appeal
Claimant Michale Sabine appealed part of the judgment dated December 22, 2021, that calculated the award of pre-judgment interest from October 27, 2021, the date of the decision establishing serious injuries and damages instead of the date that common law liability was established by summary judgment dated September 29, 2018. The total difference was about $150,000 (about three years of interest on the $550,000 award at the rate of 9% per annum).
The Appeal was rejected and the judgment for damages dated December 22, 2021, was affirmed. The Court rejected Michael Sabine's appeal because he only sought to get judgment on Ms. Patrick's liability and negligence before the trial. The Court also stated that the Defendant, Ms. Patrick was not required to pay damages until it was proven in court that Michael Sabine suffered a serious injury. As a result, the Court correctly calculated the pre-trial interest starting from the date when it was decided that Michael Sabine did indeed have a serious injury.
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