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Defense Verdict in Two-day Summary Jury Trial

Shakyra Parker v. Lorena E. Bowie and Kevin L. Bowie, Index No. 118213/2009 (Sup.Ct. Bronx Cty. 2014)

Following a two-day long Summary Jury Trial in Supreme Court, Bronx County before Judge Arlene Bluth, a jury delivered a unanimous defense verdict. The jury found that the plaintiff did not sustain a ‘serious injury’ as necessary to obtain recovery. The alleged auto accident did not cause the plaintiff to suffer a permanent consequential limitation of use of a body organ or member or a significant limitation of use of a body function or system.

Summary Jury Trials are conducted without the presentation of live medical testimony of experts, although medical submissions may be presented for the jury’s review and deliberations. Plaintiff had alleged injuries including cervical disc bulges at multiple vertebral levels and a lumbar disc herniation at L5-S1 with nerve root impingement. This trial was conducted under an agreement to cap the damages at $35,000.00.

At trial, defendants established that that plaintiff had been involved in a significant prior auto accident with an 18-wheel tractor trailer, had commenced a lawsuit and claimed cervical and lumbar spine injuries virtually identical to those alleged here. In a deposition in that prior lawsuit, conducted a month after the second accident, plaintiff had testified that she had not reinjured her neck and back following the first accident. The transcript provided a foundation for vigorous cross examination concerning the prior lawsuit and neck and back injuries.

AGF&J partner Irwin Miller and associate Dennis Monaco represented the defendants, and Dennis Monaco tried the case.