$40.8 Million Verdict for Brooklyn Man Left in Wheelchair After Verizon Van Struck Him at Intersection

On September 7, 2006, Matthew V. Falcone Jr. was on Stillwell Avenue at its intersection with Bay 43rd Street in the Bensonhurst section of Brooklyn when a Verizon New York truck driven by Franklin Williams came through the crossing and struck him. The impact knocked Falcone down and caused immediate, severe injuries.

Falcone suffered facial fractures and a traumatic brain injury with internal bleeding. He fell into a coma that lasted several weeks. When he emerged, he was left with permanent paralysis on his left side, weakness on his right side, profound speech impairment, significant cognitive deficits, and loss of bladder and bowel control. He required full-time care and was confined to a wheelchair. Because of his condition, his sister Doreen Bergamo brought the lawsuit on his behalf as guardian ad litem.

Thomas A. Moore of Kramer Dillof Livingston and Moore handled the case in Kings County Supreme Court before Judge Lawrence Knipel. At trial, plaintiff's counsel challenged the defense account of the collision. Verizon's driver characterized the contact as minimal, but photographic evidence of damage to the truck's windshield and front end directly contradicted that position. Plaintiff's experts built a life-care plan establishing that Falcone's future care needs would cost more than $9.2 million over a projected remaining life expectancy of 42 years.

On May 25, 2010, the jury returned a verdict of $40,876,000 in Falcone's favor, which included roughly $35.4 million for past and future pain and suffering and about $5.4 million in economic damages. Verizon New York was self-insured for the first two million dollars; American International Group carried the excess layer. VerdictSearch ranked the result among New York's top verdicts of 2010.

The award did not survive intact. On post-trial motion the trial court cut the past pain-and-suffering figure, and on appeal the Appellate Division, Second Department reduced the pain-and-suffering damages to $6,000,000 ($2,000,000 past and $4,000,000 future), while leaving the roughly $5 million in future economic and care damages undisturbed (Bergamo v Verizon N.Y., Inc., 95 AD3d 916 (2d Dept 2012)). The appellate court affirmed the finding of full liability against the defendants. The reported recovery therefore settled well below the headline jury number, though the finding that a Verizon vehicle was solely at fault for Falcone's catastrophic injuries was upheld throughout.