Jury Dismisses Plaintiff’s Case for Lack of Serious Injury

David Gould tried a case on damages before Judge Denis J. Butler in the Supreme Court Queens County that concluded on December 12, 2019. Varsha Khan v. Kathryn Maria Krone, Index No.: 2315/17. The plaintiff, an 29-year old woman who works at Northwell Hospital in their cleaning staff, was a passenger in her husband’s car when the defendant Kathryn Krone struck the vehicle in the rear on June 22, 2016 on Francis Lewis Boulevard and Sunrise Highway in Queens . The plaintiff claimed that her surgically repaired shoulder was a result of the accident. The defendant took video footage with her cellphone of the plaintiff exiting the vehicle under her own power without the assistance of EMS. Mr. Gould argued that the accident was so slight that it could not have necessitated the surgery. The jury rendered a unanimous defense verdict that the plaintiff did not sustain a “serious injury.”