New York jury awards plaintiff $1.5M in PI case [Lawyers USA]

Late last month a New York jury awarded plaintiff Walter J. Nary$1,571,000 as a result of a 2009 accident. Nary was struck from behind while at a stop light and was subsequently diagnosed with acute lumbar spine injuries.

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," said plaintiff's attorney John C. Wright of Cellino & Barnes PC in Rochester, N.Y.

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

According to Wright, State Farm offered $5,000 to settle the case and declined resolution through mediation or arbitration. He 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 and found that the plaintiff raised triable issues of fact relating to his injuries.

Wright 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 said he was dismayed at the amount of money paid to this expert 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 had received over $10 million in independent medical examination fees since 2001. Wright subpoenaed State Farm's records of payments made to Lifeso, and the judge upheld his request for wage information and independent examination invoices to State Farm in an order dated Oct 27.