A cyclist who was awarded a $36 million verdict in a personal injury suit against New York City and the speeding motorist who hit him in 2004, leaving him permanently brain damaged, must accept a smaller verdict or face a new trial, an appellate court has ruled.
But the Appellate Division, Second Department, panel in Turturro v. City of New York, 37657/05, Wednesday also rejected the city’s arguments that it did not have a special duty to Anthony Turturro, who was 12 at the time, that it was immune from liability and that the accident was solely the fault of the motorist.
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