On April 18, 2016, David Gould won a defense verdict in Supreme Court, Suffolk County in Elasser v. Sulilvan, Index No. 63546/2014.
The plaintiff, a 51-year-old female, was driving to a gardening store when her pick-up truck was hit in the rear by the defendant’s vehicle. The force of the impact shattered the rear glass inside the cab of the plaintiff’s pick-up truck and also tore the rear cargo door off of its hinges. The plaintiff received emergency care and was diagnosed with a herniated disc in her neck and disc bulges in her back. She had been involved in a motor vehicle accident two years earlier that caused back pain and received a financial settlement from the prior case. Mr. Gould argued that the plaintiff’s complaints of back and neck pain were either due to age related wear and tear or the motor vehicle accident that occurred two years earlier. The jury deliberated for 24 minutes and rendered a defense verdict finding that the plaintiff did not sustain a “serious injury” as defined by Insurance Law section 5102(d).