Comparative Fault

In Castillo v. Slupecki, 2019 NY Slip Op 29033 (Sup. Ct. Bronx Cty. Feb. 8, 2019), the court held (upon reargument) that plaintiff – who seeks damages for injuries sustained as a result of a “pedestrian-knockdown” car accident – was free from comparative fault as a matter of law. The court had previously granted plaintiff summary judgment…

Read More Pedestrian Knockdown Plaintiff Was Free From Comparative Fault as a Matter of Law, Court Holds
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One of the most serious types of car accidents is the so-called “pedestrian knockdown” case, in which a motor vehicle hits a pedestrian. Unsurprisingly and for obvious reasons, in the “car v. pedestrian” scenario, the pedestrian is at significantly greater risk. In Zhu v. Natale (App. Div. 2nd Dept. 8/19/15), plaintiff was walking in a crosswalk…

Read More Pedestrian Wins on Liability in Auto Accident Knockdown Case
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