On June 6, 2023, John Komar obtained a defense verdict on a summary jury trial in Adams v. Irizarry, et al. (Kings County, 501134/18).  The case involved a two car intersection accident in Brooklyn that occurred at 10:00 pm on December 25, 2016.  Plaintiff, age 32, was a passenger with his two children in a livery vehicle operated by our client.  They were on the way home after Christmas dinner with the plaintiff’s father in Manhattan. 

The claim against our client was that he “blew a stop sign” and drove into the path of the co-defendant who was on a through street with the right of way. Our client said he stopped and looked twice seeing no vehicles coming but then drove into the intersection and was hit on the front driver’s side by the co-defendant who was “speeding”.  Plaintiff sustained neck and back injuries with multiple herniated discs including an annular tear at L5-S1.  He still occasionally treats with a chiropractor, and he uses Lidocaine patches on his lower back.  He has no history of prior or subsequent neck or back injuries. 

John used testimony, vehicle photos, and a local homeowner’s security cam tape of the accident to raise an inference that the co-defendant was driving way above the speed limit when he entered the intersection and crashed into our client’s car.  The force of the impact spun the client’s vehicle around.  The co-defendant’s vehicle kept going and crashed into two parked cars.  Both were towed. The co-defendant’s car was a total loss.   

After summations, the jury found the co-defendant was negligent and his negligence was a substantial factor in causing the accident.  They also found our client was negligent but saidhis negligence was not a substantial factor in causing the accident.  Thus, the co-defendant was 100% at fault for the accident.  The jury awarded plaintiff a total of $100,000 for his past and future pain and suffering.