SKETCHES OF COURT: Madison Ave. crash rests on view of the ‘New York Turn’
In this courtroom sketch, Hon. David Vaughan listens as Jim Schermerhorn (standing), of the law firm Bamundo Zwal & Schermerhorn and counsel to the law offices Elefterakis, Elefterakis & Panek, displays an exhibit showing the intersection of 34th Street and Madison Avenue during a cross examination in the motor vehicle accident trial of Elisa Panek v. Hratch Kaprielan. The plaintiff’s brother Ray Panek is a partner in the firm of record. Defendant Kaprielan (seated, left) is represented by Charles Marchello (seated, right) of the law firm Richard T. Lau & Associates. Court reporter Gail Eng (seated, center) transcribed the proceedings.
Both parties’ vehicles had stopped on Madison Avenue for pedestrians crossing from left to right when the defendant, driving a 2011 Porsche SUV, then spurred his car ahead from the left lane to make a right turn in front of the plaintiff’s car, a 2002 Infiniti sedan, onto 34th Street. Considering the relative positions of the vehicles, plaintiff’s attorney described the defendant’s maneuver as a “New York Right,” or a “New York Turn,” a term defined in the online Urban Dictionary as the act of making a right turn from the left lane. The defendant’s car impacted the left-front of the plaintiff’s car, wherein the plaintiff suffered significant injuries to both her knees.
The plaintiff, 27 at the time of the accident, underwent initial surgeries and treatment for repair to a fractured medial femoral condyle and tears to the menisci. A medical witness for the plaintiff testified that she will need additional surgeries.
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