Long Island residents spend a lot of their time in parking lots. Whether it is for work, shopping, the doctor’s office, or even for school, Long Island residents find themselves navigating a parking lot in a car or on foot. Unfortunately, due to the crowded nature of parking lots, sometimes accidents occur, resulting in personal injuries. Continue reading “Parking Lot Accidents”
The New York County Supreme Court was tasked with deciding if an employer should be liable for damages caused by one of their employees while running a company errand. Justice James d’Auguste in the case of Couillard v. Shaw reviewed the jury’s decision and the doctrine of respondeat superior in deciding to uphold the $12 million verdict.
When 64-year-old Juan Estevez attempted to cross Sunrise Highway in Freeport, New York, he was struck by a left turning vehicle. The January 2013 Sunrise Highway accident left Estevez with severe injuries to his head, ribs and sternum. After resuscitation efforts failed at the hospital, he was pronounced dead. Mr. Estevez was survived by three adult sons.
The estate of Mr. Estevez brought suit against the driver. A Nassau County jury found that both the driver and Mr. Estevez were responsible for the accident. The driver testified that he could not have avoided the impact because Estevez was wearing dark clothing, walking against the light, and walking outside of the crosswalk. The jury subsequently found that the driver was 22% liable and Mr. Estevez 78%. Even though the driver was found to have been 22% liable for the accident, the court held that the estate was not entitled to any damages at all for pre-impact terror, pre-death pain and suffering, or loss of parental guidance.