In November 2014, The City of New York and Defendant Driver settled with Plaintiff from the Bronx for $3,025,000. In 2010, Plaintiff was riding his motorcycle when he collided with a vehicle making a U-turn. The vehicle was being driven by Defendant Driver, who was insured by Government Employees Insurance Co. Injuries to the Plaintiff included bed sores, broken spinal vertebrae, broken ribs, paralysis and pneumonia.
Plaintiff, an unlicensed motorcyclist, argued that the instant before the collision his motorcycle hit a pot hole. If not for the pot hole Plaintiff would have been able to avoid colliding with Defendant Driver. The City of New York was therefore inserted in to what seemed like an ordinary motor vehicle accident.
Although NYC argued that they had no notice of the pothole and therefore no liability, the city ultimately funded $3 million of the settlement, the balance being paid by Government Employees Insurance Co.