The claimant Mary Margaret Smith was seriously injured in a collision which occurred on July 5, 2010 between her bicycle and a New York State Police vehicle in the Village of Whitney Point, New York. Following the accident the State police attempted to cast all blame for the accident on Ms. Smith, claiming that she ran a stop sign. At trial, Ms. Smith’s attorneys, Levene, Gouldin & Thompson by John L. Perticone, Esq. successfully demonstrated that the primary cause of the accident was the negligence of the State Trooper. Following the verdict, the State appealed, in a continued effort to exonerate its trooper.

On October 23, 2014 the New York State Appellate Division Third Department affirmed the verdict in favor of the plaintiff Mary Margaret Smith against the State of New York. Now that the State has exhausted its right to appeal, the case will return to Court for a hearing on the extent of Ms. Smith’s loss of earnings, medical expense, pain and suffering and loss of enjoyment of life.