Steven-Balson Cohen Wins Defense Verdict In New York County
On June 6, 2016, Steven Balson-Cohen won a defense verdict in New York County in Rebollo v. Nicholas Cab Corp., Index No. 115289/2008 (Sup. Ct. New York County). The plaintiff was a front-seat passenger in a vehicle that was struck in the rear by the defendants’ vehicle. The plaintiff claimed to have sustained multiple injuries, including a right knee torn meniscus with arthroscopic surgery, avulsion fracture of the right ankle, herniated disc at C6-7, bulging discs at T12-L1 and L5-S1, right shoulder SLAP tear with arthroscopic surgery. Mr. Balson-Cohen argued that the plaintiff’s injuries were pre-existing and degenerative in nature. The defense witnesses included Dr. Robert Israel, Dr. Robert Fijan and Dr. Audrey Eisenstadt. The plaintiff asked the jury to award $350,000 for past and pain and suffering and for the jury to also award whatever it saw fit for future pain and suffering. The jury returned a defense verdict finding that the plaintiff did not sustain a “serious injury” within the meaning of Insurance Law section 5102(d).