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2015
NUMBER SIX
GOVERNMENT
Government — Police — Motor Vehicle — Pedestrian — Municipalitiesn
Policeman’s car chase was too dangerous, lawsuit alleged
The city of New York’s counsel contended that Gonzalez was entirely liable for the accident. They claimed that Gonzalez’s vehicle struck Marchena’s van, that Gonzalez was speeding, and that Gonzalez ignored a red traffic signal.
Marchena contended that the incident could not be characterized as a pursuit. He claimed that he was merely following Gonzalez’s vehicle, that he was maintaining a reasonable speed, and that he had activated a portable flashing light that clearly established that his van was being operated by a police officer. He contended that Gonzalez, by fleeing the scene of the initial collision, had committed a misdemeanor offense that justified further action. Defense counsel presented another police officer, Peter Valentine, who was one of two passengers of Marchena’s van. Valentine agreed that Marchena was merely following Gonzalez’s vehicle.
Gonzalez’s counsel contended that, given the context of the events, Marchena was engaged in a pursuit of Gonzalez’s vehicle. He also contended that Gonzalez had not committed a misdemeanor offense.
Gonzalez claimed that he was not speeding, that he obeyed all traffic-control devices that were encountered during the pursuit, and that he did not know that Marchena and Marchena’s passengers were police officers. He claimed that he believed that his life was endangered.
INJURIES/DAMAGES Lee sustained fractures of his left, nondominant arm’s elbow, comminuted fractures of his right leg’s fibula and tibia, a fracture of his pelvis’s sacrum, fractures of six ribs, and a laceration of his liver.
Lee was placed in an ambulance, and he was transported to Jacobi Medical Center, in the Bronx. He underwent immediate application of external fixation devices that stabilized his left elbow and his right leg. After 15 days had passed, he underwent surgery that involved removal of his left elbow’s fixation device, open reduction of the underlying fracture and the internal fixation of hardware. After two additional days had passed, he underwent a similar procedure that addressed his right leg. He also underwent implantation of a screw that stabilized his sacrum. Lee’s hospitalization lasted about four weeks, and he subsequently underwent about seven months of inpatient rehabilitation and physical therapy.
Lee claimed that he suffers permanent residual pain and limitations, that he requires use of a cane, that his residual effects prevent his resumption of work, and that he requires assistance of many of his everyday activities. He claimed that he previously enjoyed golfing, but that his residual effects prevent his resumption of that activity. He also claimed that he and his wife previously enjoyed dancing and playing table tennis, but that he cannot resume those activities. He further claimed that he will require additional physical therapy and that he may eventually require a professional aide.
Lee sought recovery of $500,700 for past medical expenses, $3 million for future medical expenses, $112,000 for past lost earnings, $84,000 for future lost earnings, $10 million for past pain and suffering, and $10 million for future pain and suffering. His wife, Carol Lee, sought recovery of $2 million for past loss of services, and she sought recovery of $3 million for future loss of services.
RESULT The jury rendered a mixed verdict: It found that Marchena, the city of New York and the New York City Police Department were entirely liable for the accident, and liability was not assigned to Gonzalez. The jury determined that the Lees’ damages totaled $28,205,372.
TOP VERDICTS OF NEW YORK
AMOUNT
TYPE CASE VENUE JUDGE
DATE
INJURY TYPE(S)
PLAINTIFF(S)
PLAINTIFF ATTORNEY(S)
DEFENDANT(S)
TRIAL LENGTH
TRIAL DELIBERATIONS
JURY VOTE
JURY COMPOSITION
$28,205,372
Verdict-Mixed
Lee v. City of New York Bronx County Alexander W. Hunter Jr.
July 15, 2015
leg - fracture, fracture, tibia, fracture, fibula
chest - fracture, rib
elbow - fracture, elbow
other - fracture, sacrum, physical therapy, pins/rods/screws, comminuted fracture
pelvis - fracture, pelvis
surgeries/treatment - open reduction, external fixation, internal fixation
gastrointestinal/digestive - liver, liver, laceration
Carol Lee, Melvin Lee (Male, 78 Years)
Robert J. Genis; trial counsel, Law Offices of Raskin & Kremins LLP; New York, NY, for Carol Lee, Melvin Lee
Carlos Marchena, City of New York, Julio E. Gonzalez, New York City Police Department
2 weeks
3 hours
6-0
3 male/ 3 female
CAROL LEE MELVIN LEE
DEMAND OFFER
$2,000,000 Personal Injury: Past Loss Of Services $2,000,000 Personal Injury: Future Loss Of Services
$500,700 Personal Injury: Past Medical Cost
$102,336 Personal Injury: Past Lost Earnings Capability $8,000,000 Personal Injury: Past Pain And Suffering
$1,500,000 Personal Injury: future medical cost (seven years) $102,336 Personal Injury: future lost earnings (four years) $14,000,000 Personal Injury: future pain and suffering (seven years)
$2,000,000 (total, from the city of New York, Marchena and the New York City Police Department)
None
FACTS & ALLEGATIONS At about 9 a.m. on June 3, 2011, plaintiff Melvin Lee, 78, a private club’s tender, was struck by a motor vehicle. The incident occurred in a crosswalk of Story Avenue, alongside its intersection at Boynton Avenue, in the Soundview section of the Bronx. The vehicle’s driver, Julio Gonzalez, was being pursued by an unmarked police vehicle. Lee sustained injuries of an elbow, his head, a leg, his liver, his sacrum and several ribs.
Lee sued Gonzalez, the police vehicle’s driver, Carlos Marchena, and Marchena’s employers, the city of New York and the New York City Police Department. Lee alleged that Gonzalez was negligent in the operation of his vehicle, that Marchena was reckless in the operation of his vehicle, and that the remaining defendants were vicariously liable for Marchena’s actions.
Lee’s counsel contended that Marchena’s pursuit began after a sideswipe collision in which his vehicle’s left side-view mirror was struck by Gonzalez’s vehicle’s right side-view mirror. He claimed that the pursuit passed residences, schools, crosswalks, traffic signals and a stop sign. He argued that the pursuit was unnecessary, given the relatively minor nature of Gonzalez’s infraction, the time at which the incident occurred and the likely presence of pedestrians and other motorists.
Lee’s counsel further contended that Marchena’s vehicle, a van, did not have a siren or built-in emergency lights, that Gonzalez and other motorists would not have understood that the van was being operated by a police officer, that New York City Police Department protocol does not permit the use of vans as pursuit vehicles, and that Marchena did not obtain permission for a pursuit of Gonzalez. He further contended that Marchena abandoned and, thusly, endangered fellow police officers who were investigating criminal activity.
POST TRIAL Justice Alexander Hunter Jr. denied the city of New York’s counsel’s motion to set aside the verdict. The city’s counsel has also moved to reduce damages.
EDITOR’S COMMENT This report is based on information that was provided by plaintiffs’ and defense counsel.
-Continued on p18
VerdictSearch’s Top New York Verdicts of 2015 17