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SKETCHES OF COURT: Jury finds parties equally negligent in pedestrian-motor vehicle accident case

November 25, 2015 By Alba Acevedo Special to the Brooklyn Daily Eagle
Court sketch by Alba Acevedo
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In this courtroom sketch, Hon. Kathy King listens as the defendant’s attorney Jack Traub (standing), of the law offices of Karen L. Lawrence, delivers his final arguments in the summary jury trial Shaulov v. Sardar, which took place last week in Kings County Civil Term. 

Barbara Sardar was behind the wheel in November 2011 when she heard something hit her driver’s side mirror. She testified that the impact occurred past the intersection of Coney Island Avenue and Quentin Road. She looked in her rearview mirror and saw a blonde woman in a red coat prostrate on the roadway. 

Lyudmila Shaulov, 51 years old at the time, testified that she was a pedestrian in the crosswalk, when she was struck on her right side by Sardar’s Mercedes SUV. Shaulov is represented by Bret I. Myerson (at right), of the law firm Harmon, Linder & Rogowsky.

The parties allege they did not see each other prior to the impact on that rainy early evening. Shaulov was removed from the scene via ambulance, complaining of multiple injuries including swelling to her right knee, and was released from the hospital the following day. She eventually underwent two surgeries for a meniscus tear she claims she sustained due to the accident. Additionally, a CT scan and exams noting tenderness in the area over the top of her right foot inconclusively indicated she had a probable borderline fracture. 


The jury was left to deliberate negligence, considering whether the defendant failed to yield the right of way or whether the plaintiff crossed outside of the crosswalk. The verdict sheet asked if Shaulov had sustained a fracture, and whether her injuries were significant consequential limitations​due to the accident. The jury determined that both parties were equally negligent, and that Shaulov’s injuries failed to meet the standard for an award of damages. 

 


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