Pedestrian Knockdown – Page 3

March 6, 2014 by mjpospis

Pedestrian Injured by Police Car Presents Sufficient Evidence to Overcome Summary Judgment

Personal injury lawsuits arising from car accidents are quite common, and liability is typically determined by assessing whether the defendant (often a driver) behaved negligently – that is, by failing to exercise that degree of care that a reasonably prudent person would have used under the same circumstances. As recently illustrated in the Second Department’s…

Pedestrian Not Entitled to Summary Judgment on Liability

In Garrido v. Puente, the Appellate Division, Second Department held that a pedestrian was not entitled to summary judgment on liability. In this case, “[t]he plaintiff, a pedestrian crossing Bronx River Road at its intersection with Yonkers Avenue, was struck by an automobile operated and owned by the defendant, who was making a left turn…

Jury Attributed Too Much Fault to Struck Pedestrian in Car Accident Case, Court Holds

In DiDonna v. Houck, a pedestrian-knockdown car accident case decided November 13, 2013, the Appellate Division, Second Department agreed with the trial court that the jury’s finding as to liability was not supported by a fair interpretation of the evidence. In particular, it found that it attributed too much liability to plaintiff, and too little…