Jesus Colon v. Juan M. Lucas

Case Background

On November 30, 2020, Jesus Colon filed a personal injury lawsuit alleging auto negligence against Juan Lucas after a rear-ending collision at a beach parking lot in Staten Island. The case was heard before the New York Supreme Court, Richmond County. Judge Wayne M. Ozzi presided over this case. [Case number: 151935/2020]

Cause

On August 23, 2020, plaintiff Jesus Colon, a business owner in his 60s, exited a beach parking lot in Staten Island. He attempted to make a left turn onto Father Capodanno Boulevard, which had three lanes of travel in each direction and a median in the center. His wife, Marisa Colon, a minister also in her 60s, was a passenger in the vehicle.

Jesus Colon crossed the first three lanes successfully. However, he stopped in the median due to oncoming traffic in the second set of three lanes. His car was too long to fit entirely in the median, so part of it extended into the left lane of Father Capodanno Boulevard. At that moment, Juan Lucas drove in the left lane of the boulevard and struck the rear of the Colon vehicle.

This incident caused significant disruption and raised concerns about safety in the area. Jesus and Marisa Colon faced both physical and emotional impacts from the collision. They sued Lucas alleging negligence and recklessness on his part.

Injury

Jesus Colon reported multiple injuries to his right shoulder, including a partial rotator cuff tear with impingement, a labral tear, and biceps tenosynovitis. He also mentioned chondromalacia, supraspinatus tendinosis, and subdeltoid bursitis. Additionally, he claimed to have herniations at C3-4, C4-5, and C5-6, along with bulges at C2-3 and C7-T1. He further alleged cervical stenosis, nerve root impingement, radiculopathy, and spondylolisthesis. Colon was diagnosed with cervical and lumbar strains and sprains. He underwent physical therapy, chiropractic treatment, and cortisone injections. In February 2022, he had arthroscopic shoulder surgery, which involved debridement, subacromial decompression/acromioplasty, and bicep tenodesis. Colon stated he was a candidate for shoulder replacement surgery. During his pre-trial examination, he noted he could no longer jog or play softball.

Marisa Colon also claimed significant injuries. She reported rotator cuff and SLAP tears in her right, dominant shoulder, along with bursitis, impingement syndrome, and acromioclavicular joint arthrosis. Additionally, she mentioned a partial biceps tear with tendinopathy. She alleged herniations at C3-4, C4-5, C5-6, and C6-7, as well as bulges at C2-3, C7-T1, T12-L1, L2-L3, L3-L4, L4-L5, and L5-S1. Marisa was diagnosed with cervical spondylolisthesis, nerve root impingement, and radiculopathy, plus cervical and lumbar sprains and strains. She received similar treatments, including physical therapy and cortisone injections. In November 2023, she underwent arthroscopic shoulder surgery, which included a rotator cuff repair and a biceps tenotomy. During her pre-trial examination, Marisa stated she could no longer mop, shop for groceries, or lift heavy items.

Damages

As a result of Defendant’s negligence and reckless actions, Plaintiffs suffered severe injuries, bruises, and wounds. They endured great physical pain and significant bodily harm, which caused them to become sick, sore, lame, and disabled for an extended period. Marisa Colon required medical assistance and incurred expenses for treatment and medications. She also believed she would face similar expenses in the future.

Additionally, due to the Defendant’s negligence, Jesus Colon experienced damages exceeding the jurisdiction limits of other courts.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Jesus Colon | Marisa Colon
    • Counsel for Plaintiff(s): William Hackwelder
  • Defendant(s): Juan M. Lucas
    • Counsel for Defendant(s): Michael Butler
    • Experts for Defendant(s): Robert Pae, M.D.

Claims

The Plaintiffs alleged that Lucas acted negligently while operating his vehicle. Jesus Colon testified that he stopped at a stop sign as he exited the parking lot. He waited about 20 seconds until the traffic on his left came to a halt. Afterward, he proceeded forward and stopped in the median. Colon stated that his car remained completely stopped in the median for around 30 seconds before the collision. He also noted that only two feet of his car extended into the roadway.

Defense

Lucas, on the other hand, claimed he did not see the Colon vehicle until it crossed in front of him. He estimated that he was about 50 yards away when this occurred. Lucas stated he believed Jesus Colon would continue through the median but was surprised when Colon suddenly stopped, causing his car to protrude into the left lane.

Lucas argued that his vehicle stayed in the left lane throughout the incident. According to defense counsel, two vehicles had stopped near the roadway closest to the parking lot. A pickup truck had halted to make a right turn into the parking lot, while an SUV in the adjacent lane stopped to allow the Colon vehicle to pass through the intersection. The defense contended that these stopped vehicles obstructed Lucas’ view of the Colon vehicle. Similarly, they argued that the stopped vehicles blocked Jesus Colon’s view of Lucas’ approaching vehicle.

The defense concluded that the jury should find Jesus Colon primarily liable for the crash. They claimed that 6 to 8 feet of the Colon vehicle extended into the left lane at the moment of impact. Lucas’ counsel emphasized that Colon had a responsibility to enter the intersection only when it was safe to do so without obstructing any traffic.

Expert Testimony

The defense’s orthopedic surgery expert, Dr. Robert Pae, stated in his report that the Plaintiffs’ shoulder injuries were degenerative and pre-existing.

Jury Verdict

The trial was bifurcated. Damages were not before the court.

On May 07, 2024, the New York jury in the liability verdict sheet found that both Lucas and Colon were negligent in the operation of their vehicles and such negligence had caused the accident. The jury allocated 70% of the fault to Plaintiff Jesus Colon and 30% to Defendant Juan M. Lucas.

Court Documents:

Complaint

Answer

Verdict