Sharon Bailey v. Gabrielli Trucking Leasing LLC

Case Background

On May 13, 2019, Plaintiff Sharon Bailey filed a personal injury lawsuit seeking damages after a motor vehicle accident where a truck side-swept her causing serious neck injuries. The case was filed in the New York County Supreme Court. Judge Paul Goetz presided over this case. [Case number: 154850/2019]

Cause

On October 18, 2018, Sharon Bailey, 59, a billing administrator at a hospital, was driving east on East 125th Street in Manhattan. She was in the left lane, heading toward the Franklin D. Roosevelt East River Drive. While stopped at a red light at the intersection with First Avenue, a truck, driven by Denroy Duncan, sideswiped the passenger side of her vehicle. Duncan had been attempting an improper left turn from the right lane.

Injury

After the accident, Bailey was taken to the hospital, complaining of neck pain. However, she was neither admitted nor given X-rays. A week later, she visited a doctor, who recommended physical therapy to address her neck pain. Bailey then began five months of physical therapy and had an MRI one month after the accident. The MRI revealed herniated cervical discs at the C4-5, C5-6, and C6-7 levels, along with spondylosis.

To manage her condition, Bailey received two epidural steroid injections in her neck, one in January 2019 and another in March 2019. Despite these treatments, her condition did not improve. As a result, she eventually underwent a three-level anterior cervical discectomy and fusion.

Damages

Bailey argued that her ongoing pain forced her to resign from her job at the hospital. She also stated that she tried a part-time position but had to quit it in early 2022. Since then, she has not returned to work. Bailey’s attorney argued that if she had not been injured, she would have worked at the hospital until age 70. The attorney asked the jury to award Bailey $600,000 for lost earnings and $1.2 million in damages, based on her life care plan.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Sharon R. Bailey
    • Counsel for Plaintiff(s): Stephen Z. Williamson | Diane D. Bernard | Dmitriy Shulman
  • Defendant(s): Gabrielli Trucking Leasing LLC | Gabrielli Holding Co. Inc. | Atlas Transport & Logistics Group LLC. | Denroy Duncan
    • Counsel for Defendant(s): John Durkin Morio | Joseph Andrew Hayden McGovern | Bradley Lee Wilson

Claims

Bailey filed a lawsuit against Duncan, the truck’s leasing companies—Gabrielli Trucking Leasing LLC and Gabrielli Holding Co. Inc.—and the truck’s owner, Atlas Transport & Logistics Group LLC. She claimed that Duncan had been negligent while operating his vehicle and argued that Gabrielli Trucking, Gabrielli Holding, and Atlas Transport were vicariously liable for his actions. Gabrielli Trucking and Gabrielli Holding were dismissed from the case. Additionally, the court granted summary judgment, finding Duncan and Atlas Transport liable. As a result, the case proceeded to trial, focusing solely on damages.

Defense

The defense argued that the low-speed collision was too minor to cause significant injuries. They also claimed that Bailey had pre-existing, degenerative neck issues. According to the defense, any neck pain she experienced was unrelated to the accident.

Jury Verdict

On July 8, 2024, the jury awarded Bailey a total of $4.17 million in damages. The trial lasted two weeks, with the jury deliberating for 3.5 hours.

The breakdown of the award was as follows:

  • $680,000 for future medical costs
  • $215,000 for past lost earnings
  • $275,000 for future lost earnings
  • $2,400,000 for future pain and suffering
  • $600,000 for past pain and suffering

This brought the Plaintiff’s total award to $4,170,000.

Court Documents:

Complaint

Answer