By Shawn M. Weakland and Emeka Nwokoro.
Pillinger Miller Tarallo, LLP secured a complete defense victory in Supreme Court, Nassau County, in a pedestrian motor vehicle accident case in which the plaintiff demanded $1.45 million shortly before the jury returned its verdict. Although the jury found the insured driver negligent, it determined that his negligence was not a substantial factor in causing the accident, resulting in dismissal of the case.
In Mark Lockwood and Christie Lockwood v. Martin Stumacher and Philip S. Kwait (Supreme Court, Nassau County, Index No. 617135/2023 – PMT: Automobile), the plaintiff alleged that he was standing in the roadway supervising the unloading of a vehicle from a tow truck when he was struck by a minivan driven by the insured. Video footage captured the accident. The plaintiff claimed injuries to his neck, back, knees and hips and alleged that he was left disabled and walking with a limp. The court record confirms the caption, venue, and index number.
At trial, PMT relied on cross-examination of the plaintiff and the accident video to establish that the plaintiff was standing in the roadway with his back toward traffic and failed to observe what was there to be seen. PMT also relied on New York Vehicle and Traffic Law provisions governing pedestrians in the roadway, while the plaintiff relied on provisions addressing motorists approaching hazard vehicles.
The case was bifurcated, with liability tried first. After hearing the evidence, the jury returned a verdict in favor of the defense. The official clerk’s minutes state that the jury found the defendant not liable, bringing the case to an end without a damages trial.
This outcome demonstrates PMT’s ability to successfully defend high-exposure automobile claims even where accident video exists and some negligence is attributed to the insured. Through focused cross-examination and careful presentation of the liability evidence, PMT prevented a seven-figure claim from advancing to damages.
Should you have any questions, please call our office at (914) 703-6300 or contact:
Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com
Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com
Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com
Richard J. Freire, Executive Partner
rfreire@pmtlawfirm.com