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SKETCHES OF COURT: Passenger in flipped truck awarded $120K in car accident trial

May 16, 2016 By Alba Acevedo Brooklyn Daily Eagle
Court sketch by Alba Acevedo
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In this courtroom sketch, Hon. Karen Rothenberg listens as attorney Nancy Kreiker (standing), of the law offices of James G. Bilello & Assocs., addresses the jury during the motor vehicle accident trial Britt v. Nelson and McFarlane. 

The January 2010 accident occurred in the early morning hours at the intersection of E. 98th Street and Ditmas Avenue, after a night out. Jasmine Britt was a passenger along with a few friends in a truck driven by acquaintance Michael McFarlane; all had attended a block party. Jodie Nelson was driving her car home after a brief appearance at a coworker’s party. The only traffic control was a stop sign on E. 98th Street, along which the truck was traveling. Nelson was driving on Ditmas Avenue. 

While differing in their accounts of the collision that ended with the truck flipping onto its roof and the car hitting a fire hydrant, the opposing parties claimed they were first in the intersection and that alcohol did not play a part. Britt was represented by Thomas P. Ram (seated, foreground) of The Gucciardo Law Firm. McFarlane was represented by James J. McGuire (at left), trial counsel to the law offices of Jaime Gangemi & Assocs. McFarlane did not testify.

The jury returned a verdict against the co-defendants, attributing 80 percent liability to Nelson and 20 percent to McFarlane. Britt suffered nerve damage to her lower back and sustained a meniscus tear in her right knee, for which she underwent arthroscopic surgery. Britt was awarded a total of $120,000 in damages for past pain and suffering. 

McFarlane was dismissed from the lawsuit as he was not a source of recovery in the bifurcated trial that concluded last week in Kings County Civil Term. Court reporter Robin Sherman (at right) recorded the proceedings. 

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