Motor Vehicle Accident - Rear-End Accident

Our client, a 64 year old Russian Immigrant, was rear-ended on Shore Parkway in Brooklyn. He told the police that he stopped short when an animal ran into the road, causing the person behind him to rear-end the client. As a result, of the accident, our client suffered cervical herniated discs requiring a cervical fusion.

The defendants contended that the plaintiff caused the accident, because as he told the police, he stopped his vehicle very quickly for an animal crossing the road. The defendants further contended that since he was in the Russian military and had performed manual labor that the neck injuries were not caused by the accident.

Despite plaintiff telling the police he stopped short to prevent running over a rat in the road, Wingate, Russotti, Shapiro & Halperin, LLP was able to obtain summary judgment on the issue of liability, arguing that the defendant’s deposition testimony eliminated any question of fact as to whether the plaintiff was responsible for the accident. After the trial court granted summary judgment in favor of the plaintiff, the defendants filed an appeal with the Second Appellate Department. The appeal was perfected by both sides and while the appeal was pending, the defendants requested to mediate the case.

Wingate, Russotti, Shapiro & Halperin, LLP partner Kenneth Halperin mediated the case. He was able to convince the defendants that the appellate division would affirm the lower court’s ruling and that our client’s injuries were caused by the accident. Additionally, despite the fact that our client’s vehicle was not towed from the scene, a jury would believe our client’s claim of substantial injuries because the defendant’s vehicle had substantial damage. The defendants settled the case for $800,000.

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