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After a five day trial a Brooklyn jury took less than five minutes to return a defense verdict in favor of a client represented by Claire F. Rush. The action arose out of a collision that occurred between a motorcycle driven by the plaintiff and a yellow cab owned by Ms. Rush’s client. Plaintiff claimed that he was cut off by the defendant cab driver while the defendant claimed that he was struck on the rear quarter panel by the plaintiff.

Testimony at trial established that plaintiff told the responding police officer that he struck the yellow cab. Notations in the ambulance call report established that he told responding emergency personnel that he had been cut off by the cab. Testimony was obtained from the two passengers in the cab who stated that the impact was to the rear. They could not recall if the cab had changed lanes just prior to the collision.

Ms. Rush called the responding police officer to the stand and was able to qualify him as an expert in accident investigation and causation based upon his education, training and experience. The court accepted Ms. Rush’s argument that this particular officer was an expert in the field of accident reconstruction and permitted him to testify that the accident was caused by plaintiff's inexperience and the fact that he was following the cab to closely.

Upon admission to the hospital plaintiff was diagnosed with a fracture of the right tibial plateau. He underwent an open reduction with internal fixation and remained in the hospital for approximately 11 days thereafter. He was thereafter transferred to a nursing home where he remained for two additional months and received physical therapy. At the time of this incident the plaintiff was 49 years old and employed as a hotel doorman. His special damages consisted of approximately $125,000.00 in medical expenses and $25,000.00 in lost earnings.
Defense Verdict After Five Minute Deliberation
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