Bradley-Chernis v. Zalocki: NY Court Upholds Pain and Suffering Award

The case of Bradley-Chernis v. Zalocki involved a personal injury lawsuit arising from a motor vehicle collision between Kathryn Bradley-Chernis and State Trooper Anthony J. Zalocki. Bradley-Chernis alleged that Zalocki’s negligent and reckless driving caused her serious injuries, leading to significant physical and emotional suffering. The Supreme Court of New York, Appellate Division, Third Department, upheld the trial court’s decision awarding damages to the plaintiff, affirming the findings on liability and compensation.

Background and Legal Issues

On August 2, 2018, Zalocki, responding to a 911 call in a marked State Police K-9 vehicle, attempted to pass vehicles that had not yielded to his emergency lights. While navigating a sharp curve, he lost control and veered into oncoming traffic, colliding head-on with Bradley-Chernis’s vehicle.

Bradley-Chernis filed a lawsuit in December 2018, claiming that Zalocki’s reckless driving caused her to sustain serious injuries. The case proceeded to a bench trial, where the court found Zalocki liable for negligence and determined that his driving demonstrated a reckless disregard for public safety under New York’s Vehicle and Traffic Law.

The trial then focused on damages, with Bradley-Chernis seeking compensation for pain and suffering, emotional distress, and economic losses. After reviewing medical records and testimony, the court awarded her:

• $400,000 for past pain and suffering
• $432,000 for future pain and suffering
• $56,500 for economic losses

Zalocki appealed, arguing that the damages were excessive and deviated from reasonable compensation standards.

Court’s Analysis and Findings

The appellate court reviewed the trial court’s decision under the standard of whether the damages awarded “deviate materially from what would be reasonable compensation.” Key factors considered included the severity and permanence of Bradley-Chernis’s injuries, her pain levels, and the impact on her daily life.

Evidence presented at trial included:

• Testimony from Bradley-Chernis about her chronic pain, loss of mobility, and psychological trauma following the accident.
• Medical records showing a torn rotator cuff requiring surgery, as well as neck, back, and shoulder injuries resulting in lasting physical deficits.
• Expert testimony confirming that her injuries caused ongoing pain and limited her ability to work, perform household chores, and engage in recreational activities.

Although the defense introduced medical testimony suggesting that her recovery was nearly complete, the trial court credited the plaintiff’s evidence and found that her injuries were permanent and significantly affected her quality of life. The appellate court deferred to these findings and held that the damages awarded were reasonable given the circumstances.

Conclusion and Ruling

The New York Appellate Division affirmed the trial court’s judgment, rejecting Zalocki’s argument that the award for pain and suffering was excessive. The ruling reinforced the principle that courts must carefully evaluate the long-term effects of injuries and the credibility of medical evidence when determining compensation in personal injury cases.

Legal Guidance for Motor Vehicle Collision Cases

For individuals involved in motor vehicle collisions, securing fair compensation for injuries is critical. Our team at Whitcomb, Selinsky, PC provides experienced legal representation in personal injury cases, ensuring that victims receive the compensation they deserve.