Brooklyn Boro

SKETCHES OF COURT: Jury returns verdict for defendant in car accident trial

August 4, 2016 By Alba Acevedo Brooklyn Daily Eagle
Court sketch by Alba Acevedo

In this courtroom sketch, Hon. Carl Landicino listens as defendant’s attorney Irina Zamyatin (standing), of counsel to the law firm Martyn Toher Martyn & Rossi, summarizes her position to the jury and describes the contents of the packet she will provide in the motor vehicle accident trial Imburgia v. Audige. 

One evening in March 2012, Marie Audige was driving to church along Flatlands Avenue approaching E. 88 Street when she felt an impact to her car’s front passenger side before her airbag deployed. 

Gaspare Imburgia faulted Audige for the accident. He was represented by Michael D’Agostino (at right), trial counsel to the law office of Joseph Russo. D’Agostino claimed that Audige was negligent in failing to see what should have been seen. Both parties testified they had not observed the other before the collision. 

Imburgia, a retired pizzeria owner and current landlord, claimed that he sustained injuries when he hit his left shoulder as well as his head on the door. Imburgia, who is left-handed, alleged that as a result of the accident, he continues to be limited in his former abilities and activities, including effecting household repairs and playing sports.  

Zamyatin doubted Imburgia’s version of the accident, arguing that if he pulled out from a parking spot only a car’s length from the intersection, he could not, as he alleged, have established himself fully in the right lane. She also made note that the cervical bulges and soft tissue tears seen in his MRIs could be degenerative, given that Imburgia was in his 70s at the time. 

The jury returned a verdict for the defendant. The summary jury trial concluded this week with a pre-determined high-low agreement in Kings County Civil Term. 

 

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