$20.3 Million Judgment for Severely Injured Pedestrian Entered Against Budget Rent A Car by New York State Supreme Court
Decision, Among Highest of its Kind, Affirms New York State Law that Holds Rental Car Companies Responsible for the Negligence of the Operators of Their Rented Vehicles
NEW YORK, Jan. 31 -- The New York State Supreme Court entered judgment today against Budget Rent A Car for $20.3 million, following the company's and its rental car operator's concession of liability for a November 2000 lower Manhattan auto accident which paralyzed a 25-year-old pedestrian who was a successful businessman and is a graduate scholar athlete from the University of Pennsylvania. The judgment affirms the New York State law that holds rental car companies responsible for the negligent actions of the operators of their rented vehicles.
On November 29, 2000, the operator of the Budget rental car ran a red light and struck a van which then careened into the crosswalk of Delancy and Orchard Streets striking the pedestrian head on as he legally crossed Delancy Street within the crosswalk. Kreindler & Kreindler LLP of New York City represented the now-paralyzed victim.
The judgment follows a year of post-trial challenges by Budget to set aside or reduce the $24.5 million December 2003 jury verdict. The trial judge, Milton A. Tingling Jr., JSC, upheld $20.3 million, recognizing the agonizing nature of the injuries and making it one of the highest such verdicts returned and affirmed in New York State.
New York law holds the owner/rental car company responsible for the negligent acts of its renters/operators, thereby protecting innocent pedestrians, other injured parties and the general public. "Were it not for this law, innocent victims of such serious events could be left without an adequate remedy, and likely they would become a public charge without any chance of experiencing what little quality of life remains, or the means to obtain the necessary medical care and assistance they require," said Marc S. Moller, a senior partner at Kreindler & Kreindler and lead trial counsel. "Further, while rental car companies would like to be relieved of liability for the negligence of their customers, these same companies seek to profit from anyone who presents a driver's license and credit card without having any regard for the renter's driving qualifications. If rental car companies employing a 'know nothing system' of intentional ignorance -- where they do not check or verify the driving records, criminal records, immigration status, or viability of their customers -- then choose to profit in these circumstances, liability for driver negligence must be theirs as well."
The court's judgment includes compensation for the victim for past and future loss of earnings, medical care, and pain and suffering. As a direct result of this incident, the plaintiff's spinal cord at level T6 was dislocated, causing complete paraplegia from the chest down with total bowel and bladder incontinence, as well as sexual dysfunction.
David Cook, a partner at the Kreindler firm and trial counsel, noted that the plaintiff's doctors testified, "this young man suffers from the worst of all possible worlds. His spinal cord was dislocated, resulting in his suffering the same catastrophic injuries had it been severed, but with the added nightmare of unrelenting, incurable pain, as nerve fibers outside of the spinal cord were not disconnected. The court has recognized the tragic facts of this case which fully support the compensation awarded."
About Kreindler & Kreindler LLP
Kreindler & Kreindler LLP (http://www.kreindler.com/) is a leader in representing plaintiffs in complex litigation. The firm has a large general tort practice and has handled thousands of cases involving automobile accidents; train and bus accidents; workplace accidents involving defective machinery; construction site accidents; products liability, including dangerously defective drugs; premises liability; and municipal and other governmental liability for serious injury or death. Kreindler is the largest aviation law firm representing plaintiffs in the United States, with a worldwide reputation for successful prosecution of aviation cases. The firm was founded in 1950. For more information contact: Marc Moller or David Cook at 212-687-8181.