$47.4 Million Verdict for Law Student Left Brain-Damaged in Thruway Road-Rage Crash

On the afternoon of July 18, 1998, David Rappold was a passenger in a car driven by his friend Eric Barton, who had rented the vehicle from SNORAC, Inc., doing business as Enterprise Rent-A-Car. Near the Evans-Angola exit on the New York State Thruway, Barton and another motorist, Laurence Trembling, began swapping aggressive maneuvers at speeds between 75 and 85 miles per hour. When Trembling braked abruptly, Barton swerved to avoid a collision and lost control. The car hit a tree on the passenger side, where Rappold was sitting.

Rappold had just finished his first year of law school. The crash left him with a severe traumatic brain injury. By the time of trial he could communicate only through blinking and gestures, required around-the-clock care, and had no prospect of returning to his studies or working.

Ross M. Cellino and Stephen E. Barnes, representing Rappold's parents as his guardians, argued that Barton bore direct liability for the reckless driving and that Enterprise, as the vehicle's owner, carried vicarious liability under New York's Graves Amendment predecessor rules then in effect. The jury in Erie County Supreme Court found for the plaintiffs and returned a verdict of $47,452,460.66. That figure included $3 million for past pain and suffering, $12 million for future pain and suffering, $23 million for future medical and life care costs based on a 41-year life expectancy, $9 million for lost wages over a projected 39-year working life, and the stipulated $452,460.66 in past medical expenses.

At the time, the award was reported as the largest personal-injury verdict in Western New York history. The defendants appealed. The Appellate Division, Fourth Department, upheld liability but found several damages components excessive and directed a new trial on damages unless plaintiffs accepted reductions. On that stipulation, past pain and suffering was cut to $1 million, future pain and suffering to $6 million, future medical and life care costs to $8 million, and future lost wages to $4 million, bringing the total to approximately $19 million. The past medical expense award of $452,460.66 was left intact.