Sketches of Court: $85K settlement in terror ride liability trial

January 31, 2022 Alba Acevedo

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In this courtroom sketch, Hon. Mark I. Partnow briefly doffs his COVID mask during proceedings in a motor vehicle accident trial. Attorney Joseph Rozovsky (standing), of the Law Offices of Michael S. Lamonsoff, represented the plaintiff in the case of Caicedo v. BMC Auto Inc., and John Doe. Attorney Marilyn Nelson-Cashman (center), of The Cashman Law Firm, represented the named defendant.

Brooklyn resident Caicedo, 65 years old at present, was eligible for Access-a-Ride service in April 2017 when she called for transportation from her home to her attorney’s office in Manhattan. Caicedo maintains that she was a passenger in a vehicle, owned and operated by the defendants, which then collided with a parked car near the destination in Manhattan. Caicedo is suing for damages; at issue in the bifurcated trial was the determination of liability.

In Caicedo’s animated testimony under direct examination, she asserted that the driver was on her cellphone while repeatedly accelerating and slamming on the brakes until the collision. Two adverse witnesses subpoenaed by Rozovsky failed to appear.

Cashman tried to elicit identifying information from Caicedo on the driver, or the other passenger who shared the ride, but Caicedo did not recall any names. A police report was not entered into evidence.

The parties arrived at a settlement of $85,000 after closing arguments but before jury deliberations in the trial that resolved last week in Kings County Civil Term. Court reporter Naomi Schwartz (at left) transcribed the proceedings.