Posimato v. Ortega, Index 1844/04 (Sup. Ct. Bronx Cty. 2013)

A unanimous Bronx jury returned a verdict in favor of the defendant finding that he was not negligent in causing the subject accident. In addition, the jury also found that the plaintiff did not sustain a ‘serious injury’ as defined by New York State Law.

Plaintiff had alleged multiple injuries, including cervical disc herniations at multiple vertebral levels resulting from a 2002 auto accident that occurred in the Bronx. After motions for summary judgment were denied, the parties agreed to submit the matter to a Summary Jury Trial capping damages at the defendant’s insurance policy limits.

Drawing upon extensive experience with Summary Jury Trials in the Bronx, and based solely upon the plaintiff’s testimony (without testimony by either of the co-defendants, one of whom was deceased), counsel convinced the jury that the defendant was not responsible for the subject accident.