Page 20 - Verdicts and Settlements Hall of Fame

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#10
MOTOR VEHICLES
VERDICT & SETTLEMENTS
HALL OF FAME
Case: Wallace v. City of New York Attorney: William Schwitzer Firm: Dinkes & Schwitzer
Date: 7/31/2013
Verdict: $11,600,000
By Len Maniace
It was the bouncer vs. the tractor and you can guess who won.
On August 16, 2008, plaintiff Jeptha Wallace, a 38-year-old bouncer, was driving on Morris Park Avenue in the Bronx when his vehicle collided with a tractor that was in the midst of making a U-turn. Stefan Popa, an employee of the City of New York, was driving the tractor when he attempted to turn around onto the opposite side of the roadway.
Wallace sustained injuries to his neck and back, including her- niations of his C5-6 and L4-5 intervertebral discs. He was taken to a hospital via ambulance where he underwent minor treatment.
Following the collision, Wallace partook in 10 weeks of physi- cal therapy but he claimed that
alleged that Popa was negligent while operating his tractor. The plaintiff’s legal team also alleged that the City of New York were vicariously liable for Popa’s actions. Wallace claimed that his vehicle struck the tractor’s front left side, between its cabin’s entrance and its front tire, and plaintiff’s counsel argued that the point of impact proved that the tractor was turning across the path of Wal- lace’s vehicle.
Defense counsel argued that Wallace should have been able to see the tractor and avoid the collision. The team went so far as to produce a life-sized replica of the tractor so that jurors could see the size of the utility vehicle.
In response, plaintiff’s counsel argued that the mock-up’s size would be exaggerated in the relatively
the treatment failed to reduce his pain. In October 2008, he underwent a discectomy, which involved the excision of his C5-6 disc. In January 2009, he under- went fusion of his spine’s L4-5 level. Each surgery required new rounds of physical therapy.
N AUGUST 16, 2008, PLAINTIFF JEPTHA WAL- LACE, A 38 YEAR-OLD BOUNCER, WAS DRIVING ON MORRIS PARK AVENUE IN THE BRONX WHEN HIS VEHICLE COLLIDED WITH A TRACTOR THAT WAS IN THE MIDST OF MAKING A U-TURN.
small courtroom -- especially since the accident took place outdoors on an open city street. Therefore, the judge allowed that the jurors could view the mock-up in one of the courthouse’s larger rooms.
Plaintiff’s counsel moved for summary judgment of liability. Judge Larry Schachner found that Popa was negligent, but he also determined that a jury would have
Wallace claimed that he suffers
from permanent residual pain that
will require a lifelong use of pain-
killers. He said that he cannot perform physical labor or any strenuous activities, including household chores. He has not returned to work.
to consider the issue of comparative negligence.
The jury found that Popa and the City of New York and the NYC Parks Department bore 85 percent of the liability. Wallace was assigned 15 percent of the liability. The jury determined that Wallace’s damages totaled $11.6 million, but the comparative- negligence reduction cut the net recovery of $9.86 million for the former bouncer.
Defense counsel argued that Wallace was no longer feeling pain and could pursue further employment.
Wallace sued Popa and the owners of Popa’s vehicle, the City of New York and the NYC Parks & Recreation. Wallace’s attorneys
18 November 2015