Wilson v. Motor Vehicle Accident Indemnification Corporation
Aug 13, 2018OUTCOME: Unanimous Verdict for Plaintiff
On July 15, 2013, at the intersection of East Merrick Boulevard and 108th Avenue in Queens, plaintiff Archibald Wilson, 57, a contracted handyman, was hit by a car while crossing at the crosswalk of Me ... rrick Boulevard on foot. The unidentified driver ran over Wilson's right foot and drove off. Because the driver was never identified, Wilson turned to defendant Motor Vehicle Accident Indemnification Corporation to compensate him for his injuries attributable to the accident. He sued MVAIC for the unidentified driver’s negligent motor vehicle operation. MVAIC refused to pay for Mr. Wilson’s bodily injuries as a result of the accident. Defense counsel argued that Wilson had been partially to blame for the accident. Wilson testified that he had seen the vehicle a block away driving erratically and speeding. At the intersection, he claimed, he had the right of way and assumed the driver would stop at the red light. Defense counsel argued that Wilson could have gotten out of the way of the driver or shouldn't have walked across the intersection in the first place. Plaintiff's counsel argued that the defense was blaming his client, the victim. He also argued that a person shouldn't be held accountable for their split-second reactions during an emergency, and that it was reasonable to assume a car would stop at a red light. He argued that it was difficult to employ rational thought process when caught in the middle of an anxiety fueled situation. He also argued that, regardless of what the plaintiff did, the driver was in the wrong for running a red light and should be held accountable for placing pedestrians in such situations. Wilson was transported in an ambulance to Jamaica Hospital in Queens. He was diagnosed with two fractures, in his right foot, on his 4th and 5th metatarsals. A doctor advised that his recovery would be faster if he underwent foot surgery, but Wilson did not want to take the risk of surgery and prolong his time out of work and decided against the surgery. For six months following the accident, Wilson wore a cast. After the cast was taken off he still could not walk on his foot without pain so he used crutches for a year. He also underwent 6 months of physical therapy. During the recovery process, he was forced to find new work because he couldn't continue working as a handyman. He did not find a new job until 18 months after the accident. He testified that he still experienced pain in the early morning. The defense did not dispute that Wilson was injured; they simply claimed the injuries were not significant to warrant any significant recovery. A six panel jury voted unanimously to award Mr. Wilson a payment increase of nearly 800 percent.
