Grandma v. Claus Manufacturing, et al

Pospis Law has been retained to represent, and obtain compensation for, a client involved in a terrible moving vehicle accident.

Our client – a beloved grandmother (affectionately known as “Grandma”) – was, while lawfully walking home from a holiday party on Christmas Eve, struck by a vehicle being operated in a negligent manner. In addition to pursuing claims against the driver of the offending vehicle (known to us at this time as “S. Claus”), we also intend to pursue claims against its owner (Claus Manufacturing LLC) under New York Vehicle & Traffic Law § 388.

As a result of the accident, our client suffered significant injuries to her body, including to her head, back, and dominant cookie-making arm. What is worse, we have reason to believe that the offending driver fled the scene after the accident. We are cooperating with the authorities in their efforts to locate and, hopefully, apprehend the perpetrator.

While it has come to our attention that the defendant intends to introduce evidence that our client was “drinking too much eggnog”, that she “forgot her medication”, and that she “staggered out the door into the snow”, we dispute those contentions. In any event, even if Grandma were comparatively negligent, that fact “shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant … bears to the culpable conduct which caused the damages.” New York Civil Practice Law and Rules 1411.

We fully expect to prevail at trial, and look forward to vindicating Grandma’s rights in court.

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