KINGSTON, N.Y. — The mother of a 6-year-old Kingston girl who was
badly injured in a
car accident on the Thruway four years ago has received a $7 million settlement in
a lawsuit arising from the crash, according to the woman’s lawyer.
Jayleen Grant was 2 years old when she was injured in the crash on May
11, 2008, on the Thruway in the Orange County community of Tuxedo, said
attorney Joseph O’Connor. He said the accident left the girl with
a fractured skull and a
traumatic brain injury.
O’Connor, of the Kingston-based
personal injury law firm Mainetti, Mainetti & O’Connor, said the 1990 Ford in
which the girl was riding had pulled over and was stopped on the highway’s
shoulder, though not completely over the white line, when it was struck
from behind by a vehicle driven by Estevan W. Nembhard.
O’Connor said because Nembhard was on the job at the time of the
crash, the bulk of the settlement, $4.95 million, is to be paid to Jayleen’s
mother, Kenietra Grant, by Nembhard’s union, the Service Employees
International Union. The rest will be paid by the insurance companies
covering Lydia Tyner, the owner of the vehicle Nembhard was driving, and
Sharnique E. Reynolds of Kingston, the driver of the car that was struck,
The union has denied Nembhard was on the job at the time, the lawyer said.
The settlement, which did not include any admission of wrongdoing, was
reached just three days before lawsuit was to go to trial in state Supreme
Court in Kingston, O’Connor said.