David Gould and Lee-David Weiner Win Defense Verdict In Queens County

On August 8, 2014, after a trial that lasted seven days, David Gould and Lee-David Weiner obtained a defense verdict in Queens County in the case of Yajaira Ortega v. George Koutroulos, Index No. 11957/2012. The plaintiff was stopped at a traffic light and rear-ended by the defendant’s taxi cab. The plaintiff, a former Marine corporal who served in Iraq, claimed that she sustained a torn ACL in her left knee requiring arthroscopic surgery. The plaintiff’s treating surgeon claimed that the torn ACL was caused by the subject accident. Our expert surgeon countered that the MRI did not show any tear, the damage to the plaintiff’s vehicle was minimal, and the accident did not cause the plaintiff’s alleged injury. The jury returned a defense verdict finding that the plaintiff did not sustain a “serious injury” within the meaning of the Insurance Law.