Monroe County Supreme Court jury awards plaintiff $1.5M in PI case [Daily Record (Rochester, NY)]

A unanimous Monroe County Supreme Court jury verdict late last month awarded plaintiff Walter J. Nary$1,571,000 as a result of a 2009 accident on Route 104 in Ontario. Nary was struck from behind while at a stop light at North Slocum Road and was subsequently diagnosed with acute lumbar spine injuries.

As plaintiff's attorney John C. Wright of Cellino & Barnes PC explained, not only is the case unusual for the amount of the verdict, but also for the fact that few cases even go to a jury trial anymore. Wright said about 95 percent of accident-personal injury cases are decided by some form of alternative dispute resolution, not argued by attorneys in a courtroom.

In the verdict, the jury found the plaintiff suffered a permanent, significant physical limitation as a result of the accident, and awarded $1.25 million in past, present and future pain and suffering and loss of enjoyment of life, along with $321,250 in past and future medical expenses.

"For what the man has been through, I think it was an appropriate amount," Wright said of the verdict.

The defendant was represented by the Buffalo law firm of Hagelin Kent LLC and the defendant was insured by State Farm Mutual Automobile Insurance Co. Hagelin Kent did not respond in time to comment for this article.

State Farm offered $5,000 to settle the case and declined resolution of the case through mediation or arbitration. Wright said the $5,000 offer, "made our decision easy to proceed to trial."

Before trial, Monroe County Supreme Court Justice Evelyn Frazee denied the defendant's motion for summary judgment disputing serious injury, and found that the plaintiff raised triable issues of fact relating to his injuries.

Wright also expressed relief that the jury did not find the testimony of Buffalo-based State Farm medical expert Dr. Robert M. Lifeso to be credible. However, he was dismayed at the amount of money paid to the expert witness in the trial -- and over the past decade -- by State Farm, Hagelin & Kent and other upstate New York personal injury defense firms.

In an affidavit submitted to the court and in testimony, Lifeso reported he received over $10 million in independent medical examination fees since 2001. Wright subpoenaed State Farm's records of payments made to Lifeso, and Justice Frazee upheld his request for wage information and independent examination invoices to State Farm in an order dated Oct 27.

State Farm was represented by Hiscock & Barclay LLP in the subpoena of Lifeso's compensation. Hiscock & Barclay attorneys could not be reached in time to comment for this article.

State Farm provided a June 2010 affidavit prepared in another case in Erie County Supreme Court for the same information. The insurance company said it paid Lifeso nearly $2 million from 2000 to 2009 to defend the company in personal injury cases.

"The services of expert, qualified and experienced physicians is never inexpensive," said State Farm public affairs spokesman Jeff McCollum from the company's headquarters in Bloomington, Ill.