AUGUST 25, 2024 – In this Supreme Court, Nassau County pedestrian knockdown case, involving multiple surgeries, we represented a 22 year old woman who struck plaintiff on a crosswalk on Sunrise Highway. Both parties claimed that the traffic signals were in their favor. Our client maintained that despite her attentiveness, plaintiff did not appear in her path until she was 15 feet away. Plaintiff argued that given the good visibility, and character of the road, she must have been distracted.
Plaintiff was unconscious at the scene. We were able to have pivotal evidence admitted which included a gas station video; a statement of plaintiff taken by a police officer in Polish in the hospital a month later; and a hospital toxicology screen. The tradeoff was that the jury knew plaintiff was in the hospital for over a month. However, the jury found that our client was not negligent.