New York Partner James T. Whalen, Jr. and his trial team—Partners Jennifer Oxman, Nick Hurzeler, and David Rosenthal—recently obtained a defense verdict on behalf of a volunteer firefighter struck by a car accident, resulting in a partial leg amputation.
The New York office represented a volunteer firefighter who was accused of illegally parking his truck on a public sidewalk and obstructing the view of both the plaintiff and the driver of the vehicle, which the plaintiff said substantially contributed to an accident in which he was hit by an oncoming car.
The plaintiff attempted to show through the use of an accident reconstructionist and the analysis of surveillance video that the volunteer firefighter's vehicle was fully on the sidewalk in violation of Vehicle and Traffic Law Section 1202, which was negligence "per se." Plaintiff also produced a firefighting expert who testified that as a fire lieutenant, the defendant had a superior duty to protect his men, including plaintiff.
The defense countered with its own accident reconstructionist and a human factors expert that the plaintiff had a clear line of sight and should have looked both ways before crossing the street mid-block. As a result, the defense argued that plaintiff was the sole cause of the accident because he would have had a full view of the roadway. The defense also argued for a higher standard of care based on general municipal law protecting volunteer firefighters in the course of their employment.
After an hour of deliberation, we are pleased to report the jury returned a defense verdict. During the trial over 20 motions in limine were filed by the parties. Our trial team worked closely with our seasoned group of Appellate lawyers to ensure we were able to successfully argue and brief the issues which arose both prior to and during the trial.
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