Sketches of Court: Jury awards $1.2M after rear-end collision
In this courtroom sketch, Hon. Richard Montelione looks on as plaintiff’s attorney Steven Podolsky (standing), of Cherny & Podolsky, conducts a direct examination and references a displayed diagram during the motor vehicle accident trial Rodriguez-Fabian v. Meyer. At issue is the determination of damages.
Rodriguez-Fabian was a car service driver in January 2016 when he was involved in a rear-end collision, for which the defendant was found wholly liable. Dr. Vadim Lerman (on the witness stand) affirmed a causal relation between the impact and the cervical discectomy with fusion procedure that he performed five months after the accident. Lerman insisted that Rodriguez-Fabian would need another surgery within five years to address the progress of adjacent segment deterioration.
Rodriguez-Fabian claimed that while some pain had resolved with treatment and surgery, he takes over-the-counter medications daily because of discomfort. Rodriguez-Fabian alleged that he no longer is able to enjoy modest activities like playing dominoes or shooting pool, nor is he able to have a restful sleep or help his wife at home. Rodriguez-Fabian testified that he is unable to sustain full-time employment as a driver and has had to limit his hours because of neck pain that he experiences when, for instance, he turns his head to check the rearview mirror.
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