Vol. 55 No. 4

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Failure to Yield to Cyclist

April 2019

Jun Chen, 37, was using an electric bicycle to deliver food in New York City. He stopped on the road to obey a traffic signal and proceeded after the light turned green. The vehicle behind him, driven by Allan Cooper, struck him. Chen was thrown from his bicycle and landed on his right knee. He suffered a knee injury and injuries to his lower back and neck.

After trying conservative treatment, he underwent arthroscopic knee surgery, fusion surgery at C5-6, and a diskectomy at L3-4 and L4-5. Chen, whose medical expenses exceeded $109,900, now suffers from chronic pain and mobility issues.

Chen sued Cooper, alleging he failed to yield to a cyclist or maintain a proper distance. The plaintiff did not claim lost income.

The jury awarded more than $11.03 million.

Citation: Chen v. Cooper, No. 1942/16 (N.Y. Sup. Ct. Kings Cnty. Nov. 16, 2018).

Plaintiff counsel: AAJ member James C. Napoli, New York City.