On December 13th 2017 , John DeMatteo achieved a defense verdict on the case of Dwayne Alston v. Federal Express Ground Package System Inc., before the Honorable Justice Kim Dollard, of the Richmond County Supreme Court.
Alston, thirty five years of age on the accident date, claimed that he was rear- ended by a FedEx Ground truck, on Clove Road , near its intersection with Neckar Avenue , in Staten Island. Alston was driving a 1999 white Chrysler Sebring with two female passengers. The FedEx Ground driver claimed that this was an incident of road rage and that , after exchanging words with Alston ( who accused him of cutting him off) , Alston suddenly pulled his car alongside the parked FedEx Ground truck , at a 45 degree angle, to purposely box-in the truck and prevent the FedEx Ground driver from getting away. The FedEx Ground driver claimed that , as Alston was trying to access the truck to get at him , he backed his truck up , cut the wheel to the left and pulled away from the curb. As the FedEx Ground vehicle pulled away , its rear passenger side bumper clipped the driver’s side rear corner of Alston’s Sebring. The FedEx Ground Driver claimed that Alston was not in his vehicle when the contact took place and that he was trying to escape physical harm . Alston testified that he did not attempt to grab/ hit the FedEx Ground driver and that he and his passengers were inside the Chrysler Sebring when contact took place. Alston testified that he had simply parked adjacent to the curb, next to a deli, and that the FedEx Ground vehicle struck his vehicle from the rear , causing personal injuries to his left shoulder and lower back .
Alston had a percutaneous discectomy and ultimately a fusion surgery to his lower back and an arthroscopic shoulder surgery . Plaintiff’s counsel, initially, demanded over $1,000, 000 which dropped to $650 ,000 prior to trial . Following a week of liability testimony, the jury came in 6-0 for FedEx Ground.
