Arbitrator's Award Vacated Due to Lack of Evidentiary Support

In In the Matter of Richardson v.  Markovich (County of Nassau, Index No. 600363/21), the Appellate Division, Second Department (decided on May 22, 2024) affirmed a lower court's Order to vacate an arbitrator's decision.  The case arose in 2016, when the plaintiff allegedly sustained injuries after the defendant's vehicle struck the rear of a vehicle operated by the plaintiff.  At some point after a lawsuit was filed, the parties decided to arbitrate the case; and after the arbitration hearing, the Arbitrator awarded no amount to the plaintiff as the arbitrator determined that "'[t]he evidence fails to disclose that claimant [plaintiff] sustained a serious injury' because she 'failed to distinguish between injuries from the two prior accidents and the [2016] accident].'"  Thereafter, the plaintiff commenced a proceeding pursuant to CPLR 7511 to vacate the arbitration award.  The Supreme Court granted the petition and vacated the award; and the defendant appealed.

The Appellate Division, Second Department affirmed the lower court's order, and the decision included the following: "The arbitrator issued an award in [defendant's] favor upon a finding that [plaintiff] failed to distinguish between injuries that she purportedly sustained in accidents occurring in 1994 and 1999 and injuries she sustained in the 2016 accident.  However, on the issue of damages, [plaintiff] submitted, inter alia, medical reports from her treating physician explaining that [plaintiff] had no history of recent injury and casually relating her claimed injuries to the 2016 accident.  [Plaintiff's] deposition testimony established that, although she did not remember which body parts, if any, were injured in the 1994 and 1999 accidents, those accidents did not result in any injury to the relevant body parts and that, on both occasions, she returned to work.  [Defendant] did not submit, and the arbitrator did not consider, any other evidence as to [plaintiff's] purported prior injuries.  Accordingly, there was 'no proof whatever' to justify the arbitrator's award."

Salvatore R. Marino, Esq.