Friday, April 25, 2014

Hit while crossing within the crosswalk.

Practice point:  Plaintiff made a prima facie showing of entitlement to judgment as a matter of law on the issue of liability by submitting an affidavit stating that defendants' yellow cab struck him as he was crossing within a crosswalk, with the pedestrian light in his favor, and after he had looked for oncoming traffic. In opposing, defendants failed to raise a triable issue of fact. Defendant-driver himself admitted in his affidavit that both he and plaintiff spoke with the police officer, and his statement to the officer is admissible as an admission against interest.

Student note: The court determined that defendant-driver's affidavit containing a different version of the facts seems to have been submitted to avoid the consequences of his prior admission to the police officer, and so it iis insufficient to defeat plaintiff's motion.

Case: Garzon-Victoria v. Okolo, NY Slip Op 02667 (1st Dept. 2014)

Here is the decision.

Monday's issue: Statue of limitations in a toxic exposure action.