Monday, March 5, 2007

See you in court.

Seeking damages for injuries suffered when she was struck by a car, plaintiff offered deposition testimony of herself and the driver, but the First Department did not find a prima facie case as regards either negligence or proximate cause. In Binetti v. Infante, decided on March 1, 2007, the court noted that it was unclear as to whether plaintiff had been crossing the street at the intersection. In addition, defendant's testimony that she had "looked in the two mirrors and my rearview, and I turned around and there was no one next to the car," raised a credibility issue which could not be decided on summary judgment.