You may recall this blog post from Basch & Keegan in February 2022: https://www.baschkeegan.com/blog/2022/february/derek-j-spada-wins-verdict-against-new-york-stat/. Derek J. Spada won a liability verdict against an NYS Trooper after he crossed the double yellow line and struck our client head-on, and then proceeded to win another trial to place a value on our client’s injuries. Derek presented the facts to the court with eyewitnesses, experts and surveillance video of the collision, as well as medical records and testimony from two doctors. Our client received a verdict of $888,500.
The defense appealed the verdict and claimed it was excessive. Little did they know they were going up against one of the best appellate lawyers in the State of New York.
An appeal is not another trial, but an opportunity for either side to try and raise specific errors that might have occurred at trial. The defense brought the appeal claiming the amount of the verdict was unreasonable, as well as alleging the Supreme Court’s decision denying their subsequent motion to set aside the verdict and hold a new trial on the issues of damages was an error.
Derek’s knowledge of the law and familiarity with the appellate process strengthened his argument. He proved again that our client sustained serious injuries that required surgery and significantly impaired her ability to work and engage in basic activities for years after the accident.
The Appellate Court agreed with Derek and said, “The proof reflected that the accident had caused injuries resulting in permanent deficits in her neck, back and would require ongoing medical treatment.” The court ruled the judgment entered upon verdict as satisfactory and did not deviate materially from what would be reasonable compensation, which means Derek won the appeal and the defense is required to pay every cent plus interest, which will amount to over $1.1 Million.