$22,500,000 Settlement for Man Injured in Car Accident Caused by Icy Roadway

DESCRIPTION OF CASE
On March 11, 2007, the plaintiff, a 33 year-old computer engineer, was proceeding on Route 6 in the town of Somers. His vehicle was struck by a vehicle coming in the opposite direction of traffic when that vehicle encountered a stretch of icy roadway and lost control. A Block O'Toole & Murphy investigation revealed that 2 prior similar incidents had occurred within the few weeks preceding this accident. The case was tried to verdict with the court concluding that the State of New York had notice of this recurrent icy condition and failed to adequately maintain the roadways given this knowledge.

INJURIES/DAMAGES
The claimant underwent 26 surgeries to repair and treat his left elbow which was injured in the accident.

VERDICT/SETTLEMENT AMOUNT
A $22,500,000 settlement was obtained following a decision by the court assessing damages in the amount of $20,181,000. The case settled for more than the decision amount due to interest that had accrued since the time of the liability finding of 100% fault against the State of New York. That finding was made after a liability trial which preceded the damages trial by 18 months.

NOTE
Both the liability and damages trial were tried to verdict by Daniel P O'Toole. This settlement is the largest settlement ever paid for personal injury case by a governmental entity in the history of the State of New York. The decision on damages was the largest pain and suffering award ever made in the history of the Court of Claims in the State of New York.