On June 14, 2018, Mauricio Plazas was stopped at a red light in Somers when a left-turning car driven by Brenna Sherlock struck the side of his car. She claimed he’d moved past the stop line into the intersection when the collision occurred. Mr. Plazas, then 45 years old, sued Ms. Sherlock claiming that he sustained significant neck injuries.

The drivers were determined to be equally at fault for the crash and the Putnam County jury awarded pain and suffering damages in the sum of $53,625 (all past – three and a half years). The jury declined to award anything for future pain and suffering, future loss of earnings or future medical expenses.

Plaintiff appealed, arguing that the jury award was inadequate.

In Plazas v. Sherlock (2d Dept. 2024), the appellate court :

  • agreed that the award for past pain and suffering was inadequate and increased it to $200,000
  • affirmed the jury’s award of no damages at all for any item of future damages

Here are the injury details:

  • Plaintiff did not complain of any pain at the scene of the crash and drove himself to work; later that day he drove himself to the local hospital where he complained of wrist and lower back pain. He was treated and released.
  • 10 days later, plaintiff was seen by an internal medicine physician with complaints of neck and lower back pain.
  • physical therapy intermittently for three years
  • epidural steroid and trigger point injections
  • herniated discs at C5-6 and C6-7 per July 2018 MRI
  • cervical discectomy and fusion surgery on 6/18/19
  • continuing pain, limitations of range of motion

The defense argued that this was a minor impact car accident and that plaintiff was not seriously injured. Their orthopedic surgeon expert testified that plaintiff did not sustain any causally related herniated discs and that the surgery plaintiff underwent was not necessitated by the injuries caused in the accident.

Inside Information:

  • Plaintiff continued to work at a shelter for minors as a quality insurance coordinator but quit six months later due to continuing pain.
  • In his summation, plaintiff’s attorney asked the jury to and pain and suffering damages in the sum of $2,500,000. Defense counsel agued that the injuries claimed did not meet the so-called threshold under the Insurance Law and therefore there should be no award of damages at all.