Brooklyn Boro

SKETCHES OF COURT: Settlement reached in child knockdown accident

March 16, 2018 By Alba Acevedo Brooklyn Daily Eagle
Court sketch by Alba Acevedo

In this courtroom sketch Hon. Peter Sweeney listens as plaintiff’s attorney Russell LiBrizzi (standing), of the law offices of Rubenstein & Rynecki, summarizes his arguments for the jury in the motor vehicle accident trial Loadholt v. Moschella and Gabriel. At right is defendant’s attorney John DiFalco, of the law firm James G. Bilello & Associates. At issue was the question of liability.

Twelve-year-old Taron Loadholt was struck by a van near a housing development on a residential stretch of Loring Avenue in June 2013. DiFalco alleged that Loadholt ran into the van, when he was avoiding being chased by friends in a game of tag. LiBrizzi maintained that kids playing in the area were cause for the driver to have been more vigilant.

A motorist traveling in the opposite direction offered testimony in court as a non-party witness for the plaintiff that the van was speeding. The defendant driver did not appear in court.

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The jury returned a comparative verdict, determining that both parties were negligent in causing the accident, and attributed 80 percent fault to the defendants. The parties agreed to a $75,000 settlement before the damages phase of the trial was set to resume in Kings County Civil Term. Court reporter Shanasia Ilgner recorded the proceedings.


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