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SKETCHES OF COURT: Hung jury results in mistrial

August 8, 2017 By Alba Acevedo Brooklyn Daily Eagle
Court sketch by Alba Acevedo
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In this courtroom sketch, Hon. Debra Silber listens as defendant’s attorney David S. Gould (standing), of the law offices of Russo & Toner, conducts a cross-examination of a witness in the motor vehicle accident trial Hyppolite v. Mansour. Seated at right is plaintiff’s attorney Farris Fayyaz, of the law firm Rubenstein & Rynecki. Court reporter Mary Burrofato recorded the proceedings.

At issue in this phase of the bifurcated trial was the determination of damages. The jury had earlier decided on comparative liability for the 2014 sideswipe-accident, which took place on E. 82nd Street at the intersection with Glenwood Road in Canarsie. The jury attributed 40 percent fault to the plaintiff and 60 percent to the defendant.

Hyppolite, who was 29 years old at the time of the accident, claimed to have been seriously injured when the impact caused his left arm to hit the door and his knees to hit the dashboard, resulting in tears to his left shoulder, left elbow and both knees. Hyppolite underwent surgery to his right knee, but after the procedure failed to resolve his pain he declined recommended surgery to his left knee.

Gould noted that the plaintiff had returned to working full time, and maintained that Hyppolite’s present condition was likely due to the beginning of degeneration, as might occur after playing semi-professional soccer, rather than as the result of unresolved traumatic injuries from the low-speed accident.

After deliberations where the jury was unable to proceed past a 4-to-2 vote, and after an Allen charge by Judge Silber, a mistrial was declared due to a hung jury last week in Kings County Civil Term.


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