On August 12, 2016, Paata Usoiani and Vitalii Kasoev were passengers in a parked car on Brighton Beach Avenue in Brooklyn when a truck owned by a moving company attempted to park and backed into the car.

Brighton Beach Avenue

Both Mr. Usoiani, then 31 years old and Mr. Kasoev, then 34 years old, claimed that they were injured in the crash. They sued the truck owner and driver and were granted summary judgment as to liability. A damages only trial followed.

The Kings County jury awarded plaintiffs pain and suffering damages as follows:

  • Usoiani – $2,270,000 ($250,000 past – five years, $2,020,000 future – 41 years)
  • Kasoev – $2,400,000 ($250,000 past – five years, $2,150,000 future -38 years)

Defendants argued that the awards were excessive but the trial judge declined to disturb them. On appeal, though, in Usoiani v. Dumbo Moving & Storage, Inc. (2d Dept. 2025), the appellate court reduced the total pain and suffering awards to $1,750,000 for each plaintiff.

Here are the injury details:

  • Usoiani – herniated disc at C3-4 requiring discectomy and fusion surgery and torn meniscus in knee requiring arthroscopic surgery
  • Kasoev – herniated disc at L5-S1 requiring discectomy and torn meniscus in knee

Defendants’ main argument was that neither plaintiff met any of the so-called serious injury requirements under CPLR 5102 that apply to motor vehicle accidents that would permit any pain and suffering award at all. After the jury disagreed and found that plaintiffs each sustained injuries that met some of the requirements, the defense argued that there could be no recovery for future pain and suffering because the jury found that neither plaintiff sustained a permanent consequential limitation of use of a body organ or member. Both the trial judge and the appellate court rejected that argument.

Inside Information:

  • Plaintiffs refused medical attention at the scene; they took a taxi to the local hospital about 12 hours later where they were treated and released.
  • The appellate court also affirmed awards for future medical expenses – $150,000 for Usoiani and $50,000 for Kasoev – as they were supported by competent evidence (the testimony of plaintiffs’ spinal surgeon as to the necessity and cost of future revision surgeries).
  • In his summation, plaintiffs’ attorney asked the jury to award each of the plaintiffs $13,000,000 for their pain and suffering damages.