Case Background
Debra Ottley and Jingwen Xue both resided in Queens County, New York. On September 11, 2022, at approximately 8:04 P.M., both individuals drove in a southwesterly direction on the Grand Central Parkway near CitiField in Queens County. Ottley operated a 2021 Subaru automobile, while Xue drove a 2022 Honda automobile. The lawsuit began when Ottley filed a verified complaint in the Supreme Court of the State of New York, County of Queens, on December 22, 2022. The case later moved to the Civil Court of the City of New York, County of Queens, where it proceeded to a summary jury trial.
Cause
The legal dispute arose from a rear-end automobile collision. Traffic conditions on the Grand Central Parkway forced Ottley to slow down her vehicle. Xue, who followed behind her, operated his vehicle in a negligent and careless manner, which caused his automobile to strike the rear of Ottley's vehicle.
Injury
The rear-end collision inflicted serious physical injuries on Ottley. The crash rendered her sick, sore, lame, and disabled. Specifically, the collision caused Ottley to sustain a permanent consequential limitation of use of a body organ or member. It also caused a significant limitation of use of a body function or system. Furthermore, the crash resulted in a medically determined, non-permanent injury or impairment that prevented her from performing substantially all of her usual and customary daily activities for at least 90 days during the 180 days immediately following the accident.
Damages Sought
Ottley sought monetary compensation for her severe bodily injuries, permanent personal injuries, and economic losses. Her damages included conscious pain and suffering as well as the diverse sums of money she spent to obtain medical care and treatment. She also sought compensation for out-of-pocket expenses and consequential losses that exceeded basic economic loss and fell outside the coverage of standard no-fault insurance benefits. In her initial complaint, she demanded an amount that exceeded the jurisdictional limits of the lower Courts for her primary claims.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Debra Ottley
Counsel for Plaintiff(s): Michael Dreishspoon, Esq.
Defendant(s): Jingwen Xue
Counsel for Defendant(s): Melissa Trinos, Esq.
Key Arguments or Remarks by Counsel
Claims
The Law Offices of Michael Dreishspoon argued two main causes of action on behalf of Ottley. Under the first cause of action, counsel asserted that Xue's exclusive negligence caused the collision, the resulting bodily injuries, and the subsequent economic loss. They maintained that Ottley did not contribute to the accident in any manner. Under the second cause of action, counsel argued that Ottley face the prospect of incurring ongoing medical expenses and financial losses greater than basic economic loss, which made Xue liable for all uncovered out-of-pocket damages.
Defense
Melissa Trinos filed a verified answer on February 13, 2023, denying all allegations of negligence and liability. The defense raised twelve separate affirmative defenses to bar or reduce recovery. Trinos argued that Ottley's own culpable conduct caused the injuries, and that the Court lacked jurisdiction due to improper service. The defense also asserted that any potential award must face reductions under New York law for collateral source payments, such as no-fault insurance or workers' compensation. Furthermore, Trinos contended that the accident failed to meet the statutory "serious injury" threshold under New York Insurance Law, and that Ottley failed to mitigate her damages by failing to wear an available seatbelt. Finally, the defense noted that Xue carried a Country-Wide Insurance Company policy limited to $25,000 for bodily injury, which capped his immediate insurance exposure.
Jury Verdict
The trial commenced before the Honorable Joseph F. Kasper and a six-person jury on April 16, 2026. The parties previously entered into a pre-trial stipulation to conduct a summary jury trial. The parties also executed a high/low settlement agreement that established a recovery bracket between $25,000 and $0. Jurors Kayla Passadis, Henry Leon, Partha Nanda, Gracielle Camara, Jaime Rubio, and a sixth juror heard all testimony, which concluded on the first day of the trial.
On April 17, 2026, the Court charged the jury and sent them to deliberate. The jury returned a verdict on the issue of damages only, deciding in favor of Ottley on all submitted injury criteria. Five out of six jurors explicitly agreed on each specific finding.
Permanent Consequential Limitation
The jury found that Ottley sustained a permanent consequential limitation of use of a body organ or member as a direct result of the September 11, 2022 accident. Jurors Passadis, Leon, Nanda, Camara, and Rubio signed the verdict sheet to confirm this finding.
Significant Limitation of Use
The jury determined that Ottley suffered a significant limitation of use of a body function or system due to the collision. The same five jurors signed the sheet to ratify the conclusion.
Non-Permanent Impairment
The jury affirmed that a medically determined, non-permanent injury prevented Ottley from performing her customary daily activities for at least 90 days during the 180 days following the crash. Passadis, Leon, Nanda, Camara, and Rubio confirmed the decision with their signatures.
Award for Past Pain and Suffering
The jury awarded Ottley the sum of $75,000.00 for past pain and suffering, including the loss of enjoyment of life, calculated from the date of the accident through the date of the verdict. Passadis, Leon, Camara, and Rubio agreed on the amount, while Nanda dissented.
Award for Future Pain and Suffering
The jury awarded Ottley the sum of $100,000.00 for future pain and suffering and the loss of enjoyment of life. Leon, Nanda, Camara, and Rubio agreed to the financial award, while Rubio noted a separate dissent on the final block signature line.
Compensation Period
The jury specified that the future pain and suffering award intended to provide compensation over a period of 25 years. Passadis and Leon signed the final sheet segment, while Nanda, Camara, and Rubio recorded their dissents to the timeframe.
Final Judgment
Although the jury calculated total damages at $175,000.00, the prior high/low stipulation controlled the ultimate outcome of the litigation. Pursuant to that binding pre-trial agreement, the Court limited Ottley's actual financial recovery to the fixed maximum sum of $25,000.00 against Xue. Judge Joseph F. Kasper signed and finalized the verdict sheet on April 17, 2026.
Court documents are available upon request at [email protected]
