On July 8, 2003, plaintiff, a 48-year-old licensed practical nurse, was driving on Palmer Avenue, near its intersection at Petersville Road, in New Rochelle. When she reached the intersection, she stopped at a red traffic signal and her vehicle stalled. Before she could resume travel, her car’s rear end was struck by a trailing minivan that was being driven by the defendant, which occurred a moment before or after the defendant’s minivan was struck by a trailing car being driven by another defendant. The plaintiff filed suit against the drivers and owners of both vehicles, claiming the drivers were negligent and that the owners of the vehicle were vicariously liable for the actions of the drivers.
Through mediation, the parties agreed on a pretrial settlement of $850,000 – $500,000 from the insurer of the minivan driver and owner, and $350,000 from the insurer of the owner and driver of the second vehicle.