Trial Magazine

While driving his motorcycle through an intersection, John Pesce, 60, was involved in a T-bone collision with a vehicle driven by Jacklynn Barkey, who had run a red light. Pesce suffered a fractured right leg and a fractured skull, jaw, and nose. He underwent 13 surgeries before he was able to walk again and required a wheelchair for two years.

Pesce sued Patrick Mahoney, who owned the vehicle Barkey was driving. He alleged Mahoney negligently allowed Barkey to use his vehicle while she was under the influence of drugs. The plaintiff also claimed Mahoney was vicariously liable for Barkey’s failure to heed the red light, maintain proper control of the vehicle, and yield the right of way. The plaintiff did not claim lost income or medical expenses.

The court awarded $8.9 million.

Citation: Pesce v. Mahoney, No. 0600731/2015 (N.Y. Sup. Ct. Suffolk Cty. Aug. 16, 2019).

Plaintiff counsel: AAJ member Michael S. Levine, Islandia, N.Y.