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Publications : Motor Vehicle, Left Turn - Wesley Shirley v. Meredith and Barry Kaminsky, No 23663/98 (Verdict Search) (Publication-120)
Motor Vehicle
Case Type: Left Turn
Case Name: Wesley Shirley v. Meredith and Barry Kammsky. No 23663/as
Venue: Kings Supreme, NY
Judge: Joseph J. Dowd
Date: 05-10-2001
Plaintiff Attorneys: Kevin .l. Kiley; Kiley, Kiley & Kiley; Great Neck, NY
Expert(s): Dr. Peteris Dzenis; Orthopedics, Flushing, NY
Defendant Attorneys: Martin L. Landa, Bilello S. Welisever; Woodbury, NY
Experts: Harvey Fishman M.D; Orthopedics; Hewlett, NY
Facts:
Plaintiff, a 40-year-old installer for an electronics company, claimed that at 6 PM on 2/11/98 he was injured in a motor vehicle accident that took place at the intersection of Utopia Pkwy and 45th Ave. in Flushing. Plaintiff testified that he was traveling northbound on Utopia Pkwy in the course of his employment end had stopped at the intersection to wait for a break in traffic to make a left turn unto 45th Ave. He claimed that he had been waiting for seconds when he observed the light in front of him turn yellow, then red, and a car in the left-hand southbound lane came to a stop. Plaintiff testified that he started to complete his turn when his vehicle was struck in the right front bumper by Defendant car. It was disputed at trial whether Defendant had her headlights on. Defendant contended that she was traveling in the left southbound lane of Utopia Pkwy with no cars in front of her. She testified that she saw plaintiff stopped in the intersection, but claimed that he did not turn until he abruptly pulled in front of her vehicle when she was three car lengths away. She testified that she swerved to avoid contact, but the collision occurred in the right lane. Offer $150,000; demand: $300,000.
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