Judge orders NY to pay $1.3M to man injured by state vehicle

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A New York state Court of Claims judge has awarded $1.3 million in damages to a man who was injured when a state vehicle collided with his car.

Claimant Roger Poole Jr. filed the lawsuit on July 23, 2021, seeking damages from the state of New York for injuries suffered in a motor vehicle accident involving a New York State Department of Corrections and Community Supervision (DOCCS) vehicle on Nov. 5, 2020.

The DOCCS vehicle, driven by the state employee Alonzo Payton, negligently came into contact with Poole’s Lexus sedan at an intersection in Brooklyn, according to the decision filed by Judge Javier E. Vargas.

Poole sustained injuries to his right wrist, left and right shoulders, cervical spine, and lumbar spine as a result of the accident.

On Nov. 23, 2022, Vargas granted Poole’s motion for partial summary judgment regarding the issue of liability and scheduled a trial to determine damages.

Vargas presided over the trial from Jan. 8 through 12, and on Jan. 16.

The state van driven by Payton failed to stop at a stop sign and hit the driver’s side of Poole’s car.

Poole testified that “he cannot perform basic tasks such as cooking, exercising, and grocery shopping,” according to the decision.

“Additionally, the claimant highlighted the torment of not being able to play football and basketball with his grandchildren or take them to the park,” Vargas wrote.

Poole sought $12 million in damages from the state. State attorneys claimed that all of the injuries predate the accident and are chronic, degenerative conditions.

“Therefore, the state concludes that they are not causally related to his accident, and that no award should be granted to the claimant for his speculative claims,” Vargas wrote.

Poole has five children and six grandchildren. His highest level of education is a GED, according to the decision.

Prior to the accident, he had been in and out of prison between 1992 to 2017. After he was released from prison in 2017, Poole worked for six months in the receiving room at a grocery store.

Next, in Brooklyn, he worked for a probationary period of three months at Lifespire, a company that takes care of autistic adults. At Lifespire, Poole helped autistic individuals do daily activities,  such as grocery shopping or going to therapy sessions.

At the end of his probation, Poole was let go because of his criminal record.

Poole’s last employment was with Good Day Transportation, a company that transports autistic people and elderly adults to appointments. Poole worked there for a total of seven months but had to stop after contracting COVID.

Vargas awarded a total of $1.323 million damages to Poole as follows:

• $500,000 for past pain and suffering
• $500,000.00 for future pain and suffering
• $59,000.00 for past medical expenses
• $264,000.00 for future medical expenses

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