On June 14, 2021, Joan Archer was walking across a street in a crosswalk in the Village of Valatie when she was struck by a left turning sport utility vehicle. Mrs. Archer, then 77 years old, sustained mortal injuries and died in surgery about two hours later. Her widow, Joseph Archer, sued the vehicle driver and owner who conceded liability. The matter then proceeded to a trial on damages only.
The Columbia County jury awarded damages as follows:
- $150,000 for pre-impact teror
- $350,000 for conscious pain and suffering (90 minutes – from the moment of impact until general anesthesia was administered in the hospital before brain surgery during which she died), and
- $888,000 (10 years) for economic damages sustained by Mr. Archer
The defendants appealed arguing that the damages awards were speculative and exaggerated. In Archer v. Parlman (3rd Dept. 2025), the damages awards were all affirmed.
Here are the injury details:
- skull fracture, subdural hematoma, cerebral contusions and intracranial hemorrhage
- video showed Mrs. Archer turned her head in the direction of the oncoming vehicle and raised her hand in a defensive posture, thus establishing the claim for pre-impact terror
- plaintiff’s expert neurologist opined that Mrs. Archer endured 90 minutes of conscious pain and suffering based upon ambulance and hospital records and the testimony of the driver (who was a certified EMT) and a state trooper indicating that she opened and closed her eyes, repositioned her extremities and tried to remove her cervical collar, tried to flip from her side to her back and squeezed the trooper’s hand in response to his questions
- Mr. Archer testified that his wife had performed all of their household responsibilities (e.g., laundry, grocery shopping, cleaning and gardening) and an economist evaluated those services at $88,000 per year, based upon a life care plan