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SKETCHES OF COURT: Jury finds comparative liability in flipped car accident trial

August 23, 2018 By Alba Acevedo Brooklyn Daily Eagle
Sketches of Court. Court sketch by Alba Acevedo
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In this courtroom sketch, Hon. Genine Edwards listens as defendant’s attorney David Brand (standing) of the law firm Brand Glick Brand addresses the jury during his closing remarks in the motor vehicle accident trial Davis v. Salick. Davis’ associate Marsha Whyte is seated at right. At issue was the determination of liability.

Plaintiff Davis was driving along North Conduit Avenue near Cohancy Street around 10:30 p.m. in July 2014. Davis alleged that defendant Salick, who was driving a rental truck on the same road, sideswiped his vehicle, causing the accident in which Davis claims to have been seriously injured. Davis’ car flipped over into a ditch. Marc Freund (seated, center) and Co-counsel Michelle Clemmens (seated, left) of the law firm Lipsig, Shapey, Manus & Moverman, represented Davis.  

Arguments from each side disputed the actions of the other driver, in testimony alluding to improperly crossing lanes of traffic or proceeding in a traveling lane instead of a turning lane, and both sides alluded to what the other party should have seen, and the evasive actions that might have been taken. Witnesses called to testify included an accident reconstruction specialist.

In testimony before trial, Davis indicated he had taken photographs immediately after the accident of all sides of the truck, but the photos failed to materialize. In charging the jury, Judge Edwards included a missing photographs charge that would allow to jury to infer if they wished that the photographs might not have supported the plaintiff’s claim.  

The jury found comparative liability, attributing 40 percent fault to the plaintiff and 60 percent to the defendant, in the trial that will proceed to the damages phase in October at Kings County Civil Term. Court reporter Evelyn Klein recorded the proceedings.

 


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