Brooklyn Boro

Sketches of Court: After ten years’ delay, a verdict of contributory negligence

October 31, 2022 Alba Acevdo
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In this courtroom sketch, Hon. Cenceria Edwards listens as plaintiff’s attorney Daniel Chavez (standing), solo practitioner, conducts a direct examination of the plaintiff in the summary jury trial T.M. v. Johnson-Rhone. Chavez’ client, now 22 years old, was a minor at the time of the March 2013 incident.

At issue was liability in the motor vehicle/pedestrian accident. While the opposing parties differed substantially in their accounts of the incident, they were in agreement that the occurrence was not in a crosswalk. The plaintiff left the curb in between parked cars to approach her younger brother on the other side of the street, from whom she was briefly separated while they were on a weekday afternoon errand in their neighborhood on East 94 Street in the vicinity of Avenue D in Brooklyn.

The defendant driver, represented by Imro Rooi (at right), of counsel to Cheven Keely & Hatzis, testified that she had seen the boy after she heard another car’s brakes, but never saw the girl and had no opportunity to avoid an accident.

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Both sides referenced the police report but came to different interpretations of the point of impact. The defendant alleged that the report indicated the corner-right of the car, which would be more consistent with a dent she maintained that her car sustained on the passenger side and for which there was no evidentiary support. The plaintiff claimed that she was struck from the front of the car, while she froze in surprise and fear after first checking traffic. In her brother’s corroborating testimony, he added that the plaintiff was on the ground and exclaimed that she could not feel her legs.

The jury arrived at a determination of negligence on the part of both parties, assigning 65 percent liability to the defendant, in the trial that resolved last week in Kings County Supreme Court, civil term.


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