David Gould obtained a unanimous defense verdict on September 16, 2024, before Judge R. Bruce Cozzens in the Supreme Court Nassau County.  Allebe Telemaque v. Lorena Estrada and Florisela Del Carmen Umana, Index Number 605411/21.

This matter arose out a two-car collision that took place on September 28, 2019, in Valley Stream.  The defense conceded liability and the matter was tried solely on damages.  The plaintiff, Allebe Telemaque, claimed that he sustained a torn rotator cuff his vehicle was hit on the right side.  He underwent a left shoulder arthroscopy.  David successfully argued that impact was too light to have caused a tear to his shoulder, rather plaintiff’s prior occupation as a laborer in construction resulted in wear and tear on the shoulder.  The jury found that the plaintiff did not sustain a “serious injury” under Insurance Law 5102(d).