David Gould Wins Defense Verdict In Suffolk Country

On May 21, 2014, David Gould won a defense verdict in Oluwo v. Elwell, Index No. 44059/2009 (Supreme Court, Suffolk County). The plaintiffs were rear-ended by a car driven by the defendant. The plaintiff driver claimed that he sustained three herniated discs and two bulging discs in his cervical spine, and a torn rotator cuff of his dominant right shoulder as a result of the accident. The plaintiff passenger claimed that she sustained one herniated disc and one bulging disc in her cervical spine, and a torn rotator cuff of her non-dominant left shoulder. Mr. Gould argued that the minor impact could not have caused the injuries allegedly sustained. The jury returned a defense verdict finding that neither plaintiff sustained a “serious injury” within the meaning of Insurance Law section 5102(d).