Result

Ahmuty, Demers & McManus partners, Vincent S. Ambrosino, Nicholas M. Cardascia, and Glenn A. Kaminska, combined their skills for a successful defense on behalf of the firm’s client in a pedestrian knockdown case that was tried in Supreme Court, Kings County and appealed to the Appellate Division, Second Department.

In the lawsuit, the plaintiff and his brother testified that after attending the same synagogue as the defendant, they walked to their parents’ home and were standing in the driveway of the house when the plaintiff was struck by the defendant’s car. The defendant knew that the plaintiff and his family lived next door, that plaintiff’s family walked to the synagogue, that most people walk on the opposite side of the road, and that he concentrates on driving by looking straight ahead. The defendant further testified that the road where the accident occurred was a dark country road and that after leaving the synagogue, his car did not leave the road before the impact.

Based on Vincent’s persuasive trial skills, the jury returned a verdict that found the plaintiff 60% at fault. After the verdict, however, the trial judge granted the plaintiff’s motion to set aside the verdict and directed that judgment be entered against the defendant, thus rendering the defendant 100% at fault for the happening of the accident.

Nicholas drafted the appeal and Glenn argued it. On March 6, 2019, the Appellate Division reversed the interlocutory judgment and reinstated the jury verdict, concluding that the jury was presented with evidence that both the plaintiff and the defendant may have been at fault in the happening of the accident.  The full decision is here.

This case serves as yet another example of the capabilities of the firm’s trial and appellate lawyers and the effectiveness of how they work together to achieve optimal results.