Case: Aikens-Hobson v. Bruno

Court: Supreme Court, Appellate Division, Second Department, New York

Date: 7/18/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident attorney)

**************************************************

RELATED POSTS:

POLICE OFFICER HURT WHILE GETTING PASSENGERS FROM STUCK NYCTA ELEVATOR; JURY VERDICT TOSSED BY TRIAL COURT REINSTATED ON APPEAL WHERE DEFENSE DIDN'T PROPERLY OBJECT TO JURY INSTRUCTION

JURY VERDICT IN PEDESTRIAN KNOCKDOWN "AGAINST WEIGHT OF EVIDENCE" WHERE DRIVER NEVER SAW ACCIDENT VICTIM IN CROSSWALK; NEW TRIAL ORDERED

Jury Verdict Dismissing Sidewalk Trip-and-Fall Case Not Against the Weight of the Evidence

**************************************************

Facts: A Brooklyn judge let some defendant drivers out of a car accident case at trial. A Brooklyn jury then let the other defendant driver out of the car accident case. As to that one driver, the jury found negligence, but that the driver's negligence didn't cause the car crash.

Held: The trial judge was correct in dismissing certain drivers from the lawsuit as there was no evidence showing that they were negligent. But the jury's finding that a negligent driver didn't contribute to the accident can't stand. A new trial is ordered as to this defendant-driver.