A jury in New York awarded an injured bicyclist $1,050,000 in damages, but the amount he recovered was limited by a high/low stipulation the parties negotiated during jury deliberations to $100,000.
Facts and Allegations
Mike Montague alleged that he was bicycling on Jerome Avenue in the Bronx when his bicycle's rear tire was struck by a trailing motor vehicle being driven by Francisco Lopez-Reyes, which caused him to fall and injure his shoulder.
Mr. Montague sued Mr. Lopez-Reyes and the owner of his vehicle, Sherman Town Car Inc., alleging that Mr. Lopez-Reyes had been negligent and that Sherman Town Car was vicariously liable for Mr. Lopez-Reyes' actions.
Mr. Lopez-Reyes claimed that the collision had occurred after Mr. Montague had fallen onto the roadway.
The trial court granted Mr. Montague's motion for summary judgment on the issue of liability, and the trial addressed damages.
During the jury's deliberations, the parties negotiated a high/low stipulation: Damages could not exceed $100,000, but they had to equal or exceed $20,000. The high amount represented the limit of the defendants' insurance coverage.
Result
The jury found that Mr. Montague's damages totaled $1.05 million, but he recovered the stipulated limit: $100,000.
The case is Montague v. Sherman Town Car Inc., No. 156185/15 (N.Y. Sup. Ct. N.Y. Co. Aug. 30, 2019). Attorneys involved include: Edward R. Averbuch; Leav & Steinberg, L.L.P.; for Mike C. Montague; James J. McGuire; McManus Ateshoglou Aiello & Apostolakos PLLC; New York, NY for Sherman Town Car Inc., Francisco J. Lopez-Reyes.
Insurance Coverage Law Center Comment
This report is based on information that was provided by plaintiff's counsel. Additional information was gleaned from court documents. Defense counsel did not respond to the reporter's phone calls.
Additional information was gleaned from court documents and village council court minutes.
See the full detailed report from our ALM partner, VerdictSearch.com.
Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].