Vehicle strikes tree after losing control: Road rage: Respondeat superior liability: Brain injury: Cognitive deficits: Postverdict settlement

Law Reporter, May 2001

Caccuri v. Cicione, N.Y., Westchester County Sup. Ct., No. 7251/97, Jan. 22, 2001.

Caccuri, 18, was driving on a two-lane highway. He was reportedly traveling slowly. Another vehicle passed Caccuri and the driver allegedly put on his brakes to "taunt" Caccuri for driving slowly. The driver proceeded over a hill and reportedly slammed on his brakes, knowing Caccuri was not far behind and had increased his speed. Caccuri braked, skidded, and lost control, striking a tree. He suffered a traumatic brain injury and now has permanent cognitive deficits affecting his language, attention, concentration, and speech. His past medical expenses totaled about $350,000. Caccuri is not able to attend college as he had planned and is now taking some courses through a home study program. His income loss is projected at between approximately $2.74 million and $4.05 million.

Caccuri sued the driver and his employer, alleging the driver was negligent in slamming on his brakes to "taunt" plaintiff because of road rage. Plaintiff sued the employer under a respondeat superior theory of liability.

The driver contended there was no road rage and that he had slowed his vehicle for a squirrel. The driver also argued that plaintiff had been speeding and following his vehicle too closely and was an inexperienced driver.

At a trial on liability, a jury found defendants 51 percent responsible and plaintiff 49 percent at fault. Before trial on damages, the parties settled for $4.5 million.

Defendants' experts included William C. Houston, accident reconstruction, Patterson, N.Y.

Plaintiffs Counsel *James S. Lynch, Paramus, N.J.