On November 3, 2011 a settlement of $1,050,000 was obtained for a 53-year-old female domestic worker who suffered a traumatic brain injury with memory loss and trimalleolar fracture necessitating open reduction internal fixation surgery.
On April 24, 2009, the pedestrian Plaintiff, while crossing Broadway at 164th Street in Manhattan with a green traffic signal in her favor was injured when a motor vehicle owned and operated by Defendant , traveling eastbound on 164th Street made a right turn, striking Plaintiff. Defendant was, at the time of the incident, employed by Defendant Tek Express, Inc., as a refrigeration technician, assigned to performing servicing repairs for commercial products on behalf of his employer at Columbia Presbyterian Hospital on West 168th Street.
Defendant, with company approval, used his vehicle to pick up equipment, materials, and tools at his employer’s place of business on the morning of the job and drove to Manhattan, parking on the street. As he had parked in a space subject to receiving a ticket for “alternate side” of the street parking restrictions after 11:00 a.m., he took a break from his job shortly before the accident to relocate his car to a legal spot before returning to work.
As Defendant was in the process of looking for another spot to park, the incident occurred. Both Defendants contended Plaintiff failed to keep a proper lookout, walked into the side of the vehicle, and deviated from the crosswalk. Defendant Tek Express further claimed that Plaintiff was not in the scope of his employment when the incident occurred. Defendant was insured by GEICO with policy limits of $100,000 and Defendant Tek Express, Inc. was insured by Nationwide Insurance with policy limits of $1,000,000.