David Gould Wins Defense Verdict In Kings County

On May 8, 2017, David Gould won a defense verdict in Miller v. Harris, Index No. 500121/2014 (Supreme Court, Kings County). The plaintiff, a 62-year-old freight truck driver, was involved in a two-car accident with the defendant on January 25, 2011. The plaintiff claimed that he sustained rotator cuff tears in both shoulders and disc bulges in his cervical and lumbar spine. The plaintiff’s attorney asked the jury award her client $200,000 for pain and suffering. Mr. Gould argued that the injuries were not caused by the subject accident but were pre-existing degenerative conditions, and the plaintiff did not sustain a “serious injury” within the meaning of Insurance Law section 5102(d). The jury agreed with Mr. Gould and rendered a defense verdict.