03/06/2020 – Tsybulka v. Kostakis.
The Tsybulka action arises out of a motor vehicle accident where defendant Kostakis was alleged to have reversed into the front of plaintiff’s luxury sedan on January 12, 2016 on a residential street in Manhattan. Plaintiff claims he sustained injuries to the discs of the lumbar spine, cervical spine, and right shoulder ligaments resulting in surgical fusion of the L5-S1 disc level and arthroscopic repair of right shoulder labrum and rotator cuff. At trial, Andrea Camacho represented the defendants.
Following a liability verdict in plaintiff’s favor, the same jury was seated for the damages trial and returned a defense verdict, rejecting plaintiff’s request of $7,500,000 for future medical expenses and pain and suffering compensation. Ms. Camacho established that plaintiff did not sustain any injuries in the low-speed impact that produced negligible damage to plaintiff’s vehicle. As a result, the jury found that plaintiff was not entitled to any compensation for his alleged injuries following the subject accident.