Attorney Liz Graziane Wins Substantial Damages Award in Court of Claims
The Court of Claims recently awarded our client John Sutherland the sum of $974,682.06 in damages for injuries he received in a motorcycle accident involving a State of New York DOT truck. John was riding his motorcycle when an unsecured cone fell off the back of a New York State DOT vehicle. The cone struck John, causing him to fall off his motorcycle while traveling at a speed in excess of 45 miles per hour. John suffered permanent injuries to his left hip, left elbow, left shoulder and neck as a result of the accident all of which required significant medical treatment, and will require extensive future medical treatment. The proof at trial established that these injuries were painful, debilitating, and significantly reduced John’s future earning capacity.
Motorcycle Accident Attorney Liz Graziane represented John throughout the litigation and established 100% liability against New York State for failing to properly secure the cone to the back of the DOT truck. During the damages trial, Liz presented an array of expert witnesses including John’s treating orthopedic surgeon, a physical rehabilitation medical expert, a vocational rehabilitation specialist and a forensic economist. Liz also successfully cross-examined and undermined the testimony of Dr. Hendler, the State’s expert orthopedic surgeon, leading the Court of Claims Judge Stephen J. Mignano to find that Dr. Hendler’s testimony “was, to say the least, short on substance.” Judge Mignano found Dr. Hendler’s opinions to be “conclusory and without sufficient explanation of substantiation.” Judge Mignano concluded that John was entitled to both economic and non-economic damages to justly and fairly compensate for the injuries he sustained in his accident, including $125,000 for past and future pain and suffering, $536,500 for future lost income, and $307,200 in future medical expenses.”
If you or a loved one has been involved in a motorcycle accident, Conway & Kirby, PLLC, has the resources and experience to help! Call for a free consultation and let our motorcycle accident attorneys and municipal law attorneys help you or a loved one today. With our dedication and history of success, Conway & Kirby is the clear choice. Let us fight for you! Call us now at (518) 533-1050.
