On March 29, 2004, Bethany Mongeau was a passenger in a taxi cab in Manhattan when it was rear-ended by another vehicle (also a taxi cab) and she was injured.
Ms. Mongeau, then 30 years old, sued both drivers claiming that she sustained cervical spine injuries and a significant loss of earnings. Her motion for summary judgment against both drivers was granted and a damages only trial then ensued in which the jury awarded:
- $416,666 for pain and suffering ($350,000 past – 18 years, $66,666 future – 30 years), and
- $990,000 for loss of earnings (all past – 18 years)
In Mongeau v. SR Taxi Corp. (1st Dept. 2025), the appellate court affirmed the judgment.
Here are the injury details:
- Loss of Earnings – plaintiff had been a lawyer with a major patent law firm and claimed that her injuries forced her to retire in 2006 when she was earning $185,000 plus a bonus per year
- Cervical Spine – plaintiff’s doctors testified that she had a tear around her cervical joints and a post-traumatic syrinx and the defendants’ doctors conceded she had limited range of motion; plaintiff underwent 18 months of physical therapy and at trial continued to complain of pain and disabilities while still treating for her injuries
The defendants argued that the loss of earnings award was excessive and against the weight of the credible evidence. They claimed that plaintiff failed to mitigate her earnings loss by seeking alternative employment pointing to her own orthopedic surgeon’s testimony that plaintiff had the ability to be gainfully employed despite being partially disabled.
The appellate court rejected the defense argument noting that the jury was entitled to credit or discredit the testimony of plaintiff’s witnesses regarding her physical condition and ability to return to work. The court also noted that the $990,000 award was less than half of the amount claimed for past loss of earnings and that nothing at all was awarded for the future.
Inside Information:
- Plaintiff did not seek medical attention for her injuries until the next day and she did not commence her lawsuit until almost three years later (two days before the statute of limitations would have expired).
- In his closing statement, plaintiff’s attorney asked the jury to award $5,200,000 for pain and suffering and $8,700,000 for loss of earnings.