On September, 22, 2009, the plaintiff, a 62 year-old Corrections Officer, was injured when he was involved in a motor vehicle accident while driving on SR 133 near its intersection with West Orchard Road, in New Castle, New York. The plaintiff had no memory of the accident due to his injuries but based on the physical evidence at the accident scene alleged that the vehicle operated by the defendant crossed the double yellow lines and struck his vehicle head-on.
The plaintiff sustained several injuries, including a brain hemorrhage, fractures to his femur requiring surgery, a hip fracture and a wrist fracture which also required surgical repair. The plaintiff also alleged damages for future medical treatment and costs for same as well as damages for lost wages and union benefits for being forced into early retirement due to his injuries. The plaintiff's wife also alleged loss of consortium and services due to her husband's injuries.
Result: The parties participated in a binding arbitration on September 26 and 27, 2011, resulting in an award of $2,250,000.
The case was handled by Daniel P. O'Toole and Frederick C. Aranki.