On February 3, 2010, Emilio Carino was driving his van in the Bronx with two passengers. While stopped at a red light, the van was struck in the rear by another vehicle.

Carino and his passengers sued the other driver who conceded liability. A trial on damages ensued and the Bronx jury awarded pain and

On September 19, 2013, Eleanora Rozmarin was driving her car on the Van Wyck Expressway in Queens when her car was struck in the rear. Ms. Rozmarin sued the driver and owner of the other car and her pre-trial motion for summary judgment of liability against the defendants was granted.

The matter proceeded