On March 15, 2007, the plaintiff, a waitress in her mid 20s, was driving on the Hutchinson River Parkway, near its interchange at the Cross County Parkway, in Bronxville. When she reached the interchange, and traveled a sharp curve she veered onto the Cross County Parkway. Her vehicle struck the rear end of a disabled vehicle that was being operated by one of the defendants. The plaintiff claimed that she sustained injuries to her knee and neck.
Following her injuries, the plaintiff filed a claim against both the operator and the owner of the vehicle, claiming the operator was negligent in his operation of the vehicle and the owner was negligent in her entrustment of the vehicle to the operator.
Interestingly, plaintiff’s counsel noted that the accident occurred while the defendant operator, a mechanic, was test driving the other defendant’s vehicle for a car service company. Plaintiff claimed that the vehicle stalled three times during the test drive. She further claimed that, after each of the first two stalls, the defendant operator telephoned his supervisor and was instructed to have the vehicle towed, if it were endangering other motorists.
The plaintiff sought damages for past medical expenses, damages for past pain and suffering, and damages for future pain and suffering. She was ultimately awarded $300,000 in mediation.
