Oneil Walters v. Jermel L. Coates and MMI Mechanical Inc.

Oneil Walters v. Jermel L. Coates and MMI Mechanical Inc.

MENISCUS TEAR AND DERANGEMENT OF SPINE’S LUMBAR REGION

Mechanic

Bronx, New York

During defense counsel’s presentation of his case, the parties negotiated a settlement. The defendants’ insurer agreed to pay $925,000, from a policy that provided $1 million of coverage.

$925,000

On Jan. 11, 2013, plaintiff O’Neil Walters, 30, a mechanic, was driving on the northbound side of Grand Concourse, near its intersection at East 149th Street, in the Mott Haven section of the Bronx. While he was proceeding through the intersection, his car collided with an eastbound truck that was being driven by Jermel Coates. Walters claimed that he suffered injuries of his back and a knee.

Walters sued Coates and Coates’ employer, MMI Mechanical Inc. Walters alleged that Coates was negligent in the operation of his vehicle. Walters further alleged that MMI Mechanical was liable because the accident occurred during Coates’ performance of his job’s duties.

Walters claimed that the collision occurred while he was stopped in traffic. He claimed that the truck struck the left side of his car. He further claimed that Coates was executing a left turn onto the northbound side of Grand Concourse. Left turns were not permitted at the intersection. Plaintiff’s counsel noted that Coates was en route to a truck-rental agency located nearby on Grand Concourse. Coates acknowledged that he was traveling to the rental agency, but he claimed that he was not executing a left turn. He claimed that he intended to proceed straight through the intersection.

Coates also claimed that Walters’ car struck the right side of the truck. He suggested that a southbound bus had blocked Walters’ view of the truck. In response, plaintiff’s counsel contended that the location of the vehicular damage supported Walters’ version of the manner in which the accident occurred. Plaintiff’s counsel also claimed that Coates’ testimony contradicted testimony provided by a police officer who responded to the accident.