DATE OF VERDICT
COURT AND COUNTY
AGE AND OCCUPATION OF PLAINTIFF
23 year old bicycle messenger at the time of the accident, 28 years of age at the time of trial
DESCRIPTION OF CASE
The Plaintiff was struck by an SUV while riding a racing mountain bike at 10:30 p.m. on Broadway and 151st Street. The defendant contended that the Plaintiff went through a red light at the time of the accident. The defendant further contended that she never saw the Plaintiff prior to the point of contact and that the accident happened so fast she had no time to react. A non party witness at the scene of the accident supported the defendant's version of events to the responding police officer at the scene. The Plaintiff was riding with three other cyclists, two of whom were a block ahead of the Plaintiff at the time of the accident and thus did not witness the accident. The Plaintiff's other companion was riding directly behind the Plaintiff at the time of the accident and indicated that the Plaintiff had a green light and that the defendant disregarded a red traffic signal. That non party testified at trial and said that the Plaintiff "took off" at a high rate of speed once the light turned green in his favor and that the Plaintiff was trying to catch up with the other riders to tell them of a change in riding plans when the accident occurred.
The Plaintiff sustained an open compound fracture of the right tibia and fibula which required surgery. The Plaintiff subsequently developed right knee pain and required 3 surgeries to that knee. The case settled after three weeks of trial, prior to a verdict being rendered.
The matter was tried by Stephen J. Murphy and Daniel P. O'Toole
DATE OF VERDICT