Maurice Recchia Wins Defense Verdict In New York County

On February 9, 2018, Maurice Recchia won a defense verdict in Chappelle v. UJC Car, Inc., Index No. 158982/2012E (Supreme Court, N.Y. County). The plaintiff claimed that she was injured as a result of an automobile accident that occurred on July 30, 2012 due to the negligence of the defendants. The plaintiff claimed that she sustained herniated discs in her neck that required a cervical fusion surgery and bulging discs in her lumbar spine. The plaintiff was granted summary judgment on liability and the case proceeded to trial on the issue of damages. Despite the Court issuing an order precluding the defendants’ biomechanical expert and a giving missing witness charge for one of the defendants’ doctors, Mr. Recchia argued that the plaintiff did not sustain a causally related “serious injury” as defined by Insurance Law section 5102(d). The jury agreed and returned a defense verdict.