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October 2022

Westchester Team Obtains Defense Verdict in Week-Long Trial

After a week-long contentious trial, Partner Don Derrico, associate Gerardo Espinoza, and law clerk Michael O'Malley (who recently passed the New York State Bar Exam) obtained a defense verdict in New York County.

Plaintiff alleged that our client’s vehicle was speeding and struck her vehicle in the rear quarter panel as she attempted to cross an intersection. Admittedly, our client testified that he was driving in excess of the posted speed limit. As a result, plaintiff sustained numerous injuries including injuries to her neck, back and shoulder and underwent knee surgery with a recommendation of a total knee replacement.

Plaintiff stopped working after the accident due to her injuries and claimed that she needed a home health aide to assist her in her daily activities. Plaintiff sought $1.5 million in lost earnings and $1 million in future life care costs. Plaintiff demanded $5 million to settle the case.

Derrico and his team successfully convinced the jury that speed was not a factor in the accident and that the plaintiff should have yielded the right of way to our client’s vehicle. Derrico was able to elicit on cross-examination of the plaintiff that, despite her claims that she did not see the defendant approaching the intersection, she would not have attempted to cross had she seen him and would have yielded the right of way. The jury deliberated for 38 minutes and returned a verdict in our client’s favor.  

Donald G. Derrico