Defense Verdict–Bronx County

Lamana v. Jankowski et. al.
Andrea Sacco Camacho rececently secured a directed verdict in Supreme Court, Bronx County. In Lamana v. Jankowski et. al., plaintiff injured her right eye in an automobile accident. Plaintiff claimed that the injury resulted in blindness. Ms. Camacho disagreed, arguing that the injury, a torn iris, was not a serious injury under Insurance Law section 5104. The jury agreed with Ms. Camacho in finding that plaintiff’s did not sustain an injury which affected her vision however, the jury did conclude that plaintiff sustained a permanent consequential limitation with regard to the iris and awarded her $50,000.

Following the verdict, Ms. Camacho moved for a judgment notwithstanding the verdict. In a lengthy opinion, Judge Roman, agreed with Ms. Camacho’s opinion and set aside that portion of the verdict that favored plaintiff.

This is the second time that this case was tried. In 2000, Ms. Camacho tried this case in Supreme Court, Bronx County. After the conclusion of evidence, the Court ruled that plaintiff sustained a serious issue as a matter of law. The jury, who only considered damages, awarded plaintiff $660,000. Ms. Camacho appealed. The Appellate Division, First Department, found that the trial court erred and ordered the new trial.