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Publications : Motor Vehicle, William Flynn v. Benjamin Augustine and Jacob Singer Sons, Inc., No. 029765/92 (Verdict Search) (1995-Sep)
Motor Vehicle
Settlement: $950,000.BD
Case Name: William Flynn v. Benjamin Augustine and Jacob Singer Sons, Inc., No. 029765/92
Venue: Queens Supreme, NY
Date: 09-13-1995
Plaintiff(s):
Attorney(s):
Donald T Kiley, Jr., Kiley, Kiley St Kiley; Great Neck, NY
Facts:
This action settled before the jury returned with their liability verdict. The 38-year-old Plaintiff owned a building maintenance and refinishing company He was injured on 8/17/92 in a two-car accident on i4th St. in Brooklyn. Plaintiff testified that he was driving on 14th St., a one-way street, when Defendant, Jacob Singer Sons' truck, driven by Defendant, Augustine, pulled away from the left curb in front of the Singer property, and drove straight across the road in front of Plaintiffs vehicle. Plaintiff testified that he attempted to drive up on the sidewalk to avoid the truck, but the two vehicles collided. The vehicles were moving at approximately 20 mph, and damage was not severe. Plaintiff claimed that before police arrived at the scene, Defendant Augustine backed the truck into the driveway of the Singer premises, Plaintiff noted that Defendant gave different versions of the accident. At the scene he told the investigating officer that he was backing into the driveway when the accident occurred. At his deposition, he testified that he was pulling straight out of the driveway, and at trial, he claimed that he was backing out of the driveway Den testified that he pulled out of the driveway, looked both ways for traffic, and then drove across the street to the right side where he double-parked, looked in his rear View mirror, and then turned around to look for traffic, when he was hit in the rear by a car that then went up on the sidewalk and hlt the front of the truck There was no dispute about the point of impact, which was the front left of Plaintiff 's vehicle and the front right side of Defendants truck, Defendant argued that Plaintiff was attempting to pass the truck on the right by driving up onto the sidewalk. The investigating police officer testified, as an exception to the hearsay rule, about what Plaintiff and Defendants said to him at the scene He reviewed V his report, but was not permitted to read it into evidence The officers report indicated that Plaintiff told him that Defendant pulled the truck out of the driveway and collided with him.
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