David Gould Wins Defense Verdict in Kings County

February 26, 2016

On February 10, 2016 David Gould won a defense verdict in Lojewski v. Gilot, Index No. 19045/2011 (Sup. Ct., Kings County).  The plaintiff’s vehicle was rear ended by the defendant’s taxicab.  The plaintiff claimed that the force of the impact caused his left knee to twist, and he underwent arthroscopic surgery to repair the anterior cruciate ligament in his left knee three months after the accident.  The plaintiff also claimed that he would require a total knee replacement surgery in the future.  Mr. Gould argued that the plaintiff’s injuries did not qualify as “serious” injuries within the meaning of Insurance Law section 5102(d) because the plaintiff only had a partial tear of his anterior cruciate ligament that was degenerative in nature and not causally related to the accident.  After a five day trial, the jury returned a defense verdict in just 18 minutes finding that the plaintiff did not sustain a “serious injury” within the meaning of Insurance Law section 5102(d).

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