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SKETCHES OF COURT: In a question of traffic lights, jury delivers defense verdict on proximate cause

August 3, 2018 By Alba Acevedo Brooklyn Daily Eagle
Sketches of Court. Court sketch by Alba Acevedo
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In this courtroom sketch Hon. Carolyn Wade listens as defendant’s attorney Steven Balson-Cohen (standing), of the law offices of McEvoy, Morrissey & Moskovits, addresses the jury during summations in the motor vehicle accident trial Burns v. Hossain & Riem Taxi. At issue was the determination of liability. Balson-Cohen holds an exhibit photograph of the intersection of Myrtle and Claremont avenues, where the August 2013 evening accident occurred.

Plaintiff’s attorney Eric Bernstein (at right), represented Dwayne Burns, who maintained that he had the right of way when his vehicle was struck by a yellow taxi that, he alleged, ran a red light. The front of Burns’ car made contact with the taxi’s driver’s side door.

Hossain testified that he had the green light, disputing Burns assertion, and Balson-Cohen maintained that the point of impact suggested that the plaintiff had the advantage. Hossain claimed that he didn’t brake in time to avoid the accident.

The jury returned a verdict for the defendant, finding negligence but that the negligence was not the proximate cause of the accident.

 


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