Court: Supreme Court, Kings County
Case: Tereschenko v Greenhouse, Index No. 505733/2020 (Complaint; Answer)
Type: Summary Trial Jury Verdict with High/Low Agreement
Verdict: $3,200,000
Actual Award: $450,000 (high/low cap)
Relevant Issue: The liability of an electric scooter operator and valuation of orthopedic injuries without surgery.
Risk Insight for Defense Counsel and Claims Adjusters:
High/low agreements can dramatically reduce exposure even after a large plaintiff verdict, particularly in cases involving non-surgical fractures and disputed damages. Early risk assessment of jury appeal remains critical.
High/Low Agreement:
High: $450,000
Low: $10,000
Impact: The jury awarded $3.2 million, but recovery capped at $450,000
Facts:
- The plaintiff was 76 years old
- She was crossing a Manhattan street
- The defendant operated an electric scooter
- The defendant collided with the plaintiff in the roadway
- The plaintiff was considerably injured from the accident
Injuries:
- Comminuted fracture of the humerous
- Distal radius fracture
- Conservative treatment (physical therapy) only; no surgery
- The plaintiff had ongoing pain complaints
The Plaintiff’s Contentions:
- The defendant was negligent in operating the scooter
- He failed to avoid a pedestrian in the roadway
- The plaintiff’s injuries caused significant pain and functional limitations
- The plaintiff’s fractures resulted in long-term impairment
The Defendant’s Contentions:
- The injuries were not as severe as the plaintiff claimed
- The defendant empasized the lack of surgical intervention to the jury
- He challenged the extent of the plaintiff’s claim of ongoing pain
Why This Verdict Matters:
- High jury verdicts remain possible even without surgery
- Elderly plaintiffs can generate strong jury sympathy
- High/low agreements are powerful tools for risk control
- The gap between perceived and actual exposure can be significant
- New York County is a venue that continues to present high damages risk
Practice Pointers:
- Use high/low agreements strategically in cases with unpredictable jury appeal
- Do not undervalue non-surgical fractures, especially in elderly plaintiffs
- Focus independent medical examination and expert testimony on functional recovery, not only treatment type
- Evaluate venue risk early
- Advocate for mediation before trial where liability is unfavorable, damages are debatable, and the venue is risky
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Matthew Lerner is a New York civil litigation and appellate attorney at Gerber Ciano Kelly Brady LLP and the publisher of New York Civil Law. He writes about New York appellate decisions, insurance coverage, Labor Law, and litigation strategy for claims professionals and trial attorneys.
Sources:
- March 30, 2026 New York Law Journal
Photo Credit to Martin Katler