Steven Balson-Cohen Wins Defense Verdict in Damages Trial.
On April 24, 2017 Mr. Balson-Cohen won a defense verdict in Kings County in Fernandez v. Chicaiza & CPS Vallejo Limousine Inc. Index No. 12733/2011. After finding the defendants 90% liable in the liability phase, the same jury found that plaintiff did not sustain any permanent or serious injuries as a result of the accident. Plaintiff was a 20 year old front seat passenger in the other vehicle at time of accident and underwent back surgery at two levels (discectomy) to repair a torn annulus (with multiple bulging discs) and claimed the potential need future surgery. Plaintiff’s counsel asked the jury to award 700 K. The defense offered biomechanical expert testimony which challenged plaintiff’s clams that the forces caused by the accident were sufficient to produce the injuries . The jury agreed with the defense and found that the injuries were not caused by the accident and awarded plaintiff no damages.