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Defense Verdict Obtained in Queens County
in Four Car Collision Case
In Fabbricante v. LaRusso, Gilman and Lynch, David S. Gould obtained a defense verdict in Queens County arising out of a four car collision. The case was tried before Justice Valerie Brathwaite-Nelson. The plaintiff alleged a fractured jaw that was wired, a fractured nose and brain injuries as a result of the impact. RKT represented defendant Michael J. LaRusso. On September 26, 2005, at approximately 5:30 p.m. on Beach Channel Drive and the intersection and Beach 129th Street in Queens the plaintiff, Philip Fabbricante, was heading westbound on Beach Channel Drive. The co-defendant, Anne E. Lynch, was in the left lane also heading westbound on Beach Channel Drive. The co-defendant Stuart M. Gilman, was in the left lane heading eastbound on Beach Channel Drive while defendant Michael J. LaRusso was in the right lane heading eastbound on Beach Channel Drive next to co-defendant Gilman.Co-defendant, Anne E. Lynch, attempted to make a left turn onto Beach 129th Street. Upon seeing co-defendant Lynch, co-defendant Gilman skidded and turned his vehicle into the on-coming traffic striking the plaintiff’s vehicle head on. Mr. LaRusso testified that he was traveling 15 to 20 miles per hour when he saw co-defendant Anne E. Lynch make a sudden left turn in front of him at the uncontrolled intersection. He then turned his vehicle to the right however the front of his vehicle made contact with the co-defendant Lynch’s passenger side door. Notably no contact was made between his vehicle and the plaintiff’s vehicle. RKT attorney David S. Gould argued before the jury that this incident was really two accidents and that Mr. LaRusso was not negligent nor were his actions the proximate cause of the Fabbricante/Gilman collision. He explained that co-defendant Gilman had already veered into oncoming traffic before Mr. LaRusso came in contact with co-defendant Lynch’s vehicle. The jury found co-defendant Gilman 60% responsible for the accident and co-defendant Lynch 40% responsible for the accident. The jury found that Michael LaRusso was negligent but that his negligence was not a substantial factor in causing the accident. |
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