A three-week jury trial in Bronx County Supreme Court was interrupted last week when a settlement was reached with the insurance companies for three trucking companies who paid a total award to a 40 year-old Long Island City man of $3.75 million dollars for a severely fractured leg that he sustained in an accident which occurred on 8/18/2011 on the Long Island Expressway in Nassau County, and which required him to undergo 4 surgeries.
Juan Encarnacion-LaChapel was on his way to work at approximately 4:45 a.m. when a tractor trailer operated by James Brown and owned by New Century Transportation suddenly moved into the center lane coming into contact with another tractor trailer owned by HWC Transport. The New Century vehicle then careened back into the right lane, into Encarnacion-LaChapel’s Subaru, driving it into a third tractor trailer that was parked on the right shoulder due to brake problems, crushing Encarnacion-LaChapel’s vehicle between the New Century truck and the truck on the shoulder.
The accident was investigated by the Nassau County Police Department. The 3 trucking companies were all named as defendants and each attempted to place the blame on the others. Additionally, they claimed that Encarnacion-LaChapel, who has not been able to return to work in the 5 years since the accident, has exaggerated his injuries.
The plaintiff was represented at the trial by Donald D. Brown, Senior Partner of Spiegel Brown & Fichera, LLP and his son, Brian M. Brown. Both of the Browns are members of the “Million Dollar Advocate Forum”, “Super Lawyers” and the junior Brown is a member of the Board of Directors of the New York State Trial Lawyers Association. The Senior Brown has also been recognized as one of “America’s Top 100 Attorneys” and is a former President of the Dutchess County Bar Association.
Spiegel Brown & Fichera, LLP has offices in Poughkeepsie, Beacon and Manhattan.