Suffolk County, NY, February 2016

He was 18 at the time.

He'd just gone to see a movie in Ronkonkoma, a suburb in Suffolk County on Long Island.

He and his best friend were walking home after the movie, around midnight.

A car traveling at about 30-40 mph pulled alongside him.

The front passenger threw a big gulp cup filled with urine right in his face.

That action severed a nerve in his left eye.

He went blind in his left eye.

Turns out, he learned the teens in the car chose him at random in order to humiliate him.

The injured man brought a lawsuit seeking compensation for all the harms and losses he suffered including blindness in his eye.

Keep in mind he was only 18.

From the Newsday article, it would appear that this act was intentional.

Comment: Typically when an act that causes injury is intentional, the insurance company will do everything possible to say they do not provide insurance coverage for intentional acts, only negligent, or careless acts. There's nothing mentioned in the article about this potential problem.

There are some instances where the insurance company will claim they have no duty to provide a defense attorney in cases that are intentional. Sometimes an insurance company will, as a courtesy to their insured client, provide a defense attorney at the insurance company's expense while still refusing to pay any verdict or judgment against him.

The defense attorney was quoted as saying they will appeal the verdict.

The jury decided the injured man was to receive $3.5 million for his pain and suffering and $100,000 in punitive damages.

 

Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer