SKETCHES OF COURT: Motions pending to set aside verdict in hit-and-run trial
n this courtroom sketch, Hon. Pamela Fisher listens as defendant’s attorney John T. Morale (standing), of the law offices of Richard T. Lau and Assocs., summarizes his arguments before the jury in the pedestrian-motor vehicle accident trial Nieves v. 8 Avenue Furniture. At issue was the determination of liability
Evelyn Nieves was walking across Fifth Avenue in Sunset Park in front of her brother and his friend when she was felled by a hit-and-run driver in January 2012. Police responded, and an accident report was filed. Nieves alleges to have spotted the commercial van and driver in the area two weeks later. Nieves is represented by Kenneth V. Madden (at left), of the law offices of Cherny & Podolsky.
On the stand, the driver, through a court interpreter, denied striking a pedestrian or being involved in the accident. In summation, Morale cited inconsistencies in testimony for the plaintiff with the police report, inclusive of who spotted the partial license plate number, who spoke to the responding officer at the time of the accident, the driver description, and whether the plaintiff was midblock or in the crosswalk.
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