Associate Attorney, Anthony J. Milone, Esq. was awarded a unanimous defense verdict in the matter of Jose Barreto v. Wei Zhao, Index No. 505995/2019, venued in the Supreme Court of Kings County, State of New York and tried before Judge Richard Velasquez in a damages-only summary jury trial.

In this matter, the plaintiff was operating a 2015 GMC Yukon on the Brooklyn-Queens Expressway traveling 10-15 miles per hour when he was rear-ended by the defendant. The plaintiff, a former NYPD detective, claimed to have sustained a SLAP lesion to his left shoulder and multiple lumbar spine disc bulges and herniations as a result of this accident, and was recommended lumbar spine epidural injections and shoulder surgery. However, the plaintiff was unable to continue further treatment due to a cap on his no-fault benefits.

The defendant contended that this was a minor rear-end impact that was not the proximate cause of the plaintiff’s injuries. The defendant further contended that the plaintiff’s injuries were pre-existing in the form of “wear and tear” based on the plaintiff’s physically active lifestyle prior to the accident (weightlifting, running, etc.) as well as a 20-year career with the NYPD before retirement, which the plaintiff conceded was physically demanding. During cross examination, the plaintiff admitted that he was involved in a prior work-related accident where he sustained injuries to his lumbar spine and underwent an MRI as a result.

In closing arguments, plaintiff’s counsel suggested a sum of money plus past and future pain and suffering. After two and half hours of deliberation, the jury unanimously found in favor of the defendant, Wei Zhao.