In January of 2012, Plaintiff was struck by a van on 21st Street at 30th Road in Astoria, Queens. Plaintiff sued the Van's Driver as well as the Owner, a local Florist. Plaintiff claimed he was crossing in an unmarked crosswalk when the van made a left turn colliding with him. The Defendant Driver contended that Plaintiff had crossed in the middle of the street, suddenly appearing, leaving Defendant Driver with no time to react and avoid striking Plaintiff.
Plaintiff's motion for summary judgment on liability was granted and upheld on appeal. The issue of damages was scheduled for trial but settled before a trial ever began. Plaintiff suffered from face and skull fractures, brain damage, broken ribs and hemorrhages. Plaintiff also claimed memory loss and balance issues.
In February of 2015, the total settlement of $3 Million was paid by Defendant's primary and secondary insurers. The primary insurer picked up $1 Million and the secondary insurer tendered the remaining $2 Million.