Motor Vehicle
Speeding driver couldn't avoid garbage truck, defense argued
| Defense | |
| Stop Sign, Motor Vehicle - Reversing Vehicle, Motor Vehicle - Broadside, Motor Vehicle - Intersection, Motor Vehicle - Multiple Vehicle | |
| Scott Silverman v. Edward Johnson & Town of Huntington, No. 28207/08 | |
| Suffolk Supreme, NY | |
| William Rebolini |
|
| 01-10-2013 |
- Mitchell D. Kessler; Levine & Grossman; Mineola, NY, for Scott Silverman
- None
- Brian W. McElhenny; Goldberg Segalla LLP; Garden City, NY, for Edward Johnson, Town of Huntington
- None
On Jan. 28, 2008, plaintiff Scott Silverman, 21, a college student, was driving on the eastbound side of West Main Street, near its intersection at Midland Street, in the hamlet of Cold Spring Harbor. His vehicle struck the right side of a sanitation truck that was being driven by Edward Johnson, who was proceeding forward but positioned nearly perpendicularly across West Main Street after having reversed off of Midland Street. Silverman sustained an injury of a leg.
Silverman sued Johnson and Johnson's employer, the town of Huntington. Silverman alleged that Johnson was negligent in the operation of his vehicle. Silverman further alleged that the town of Huntington was liable because the accident occurred during the course of Johnson's work functions.
Silverman noted that his course was not restricted by a traffic-control device, and he claimed that Johnson ignored a stop sign that governed his entrance to the intersection. Silverman acknowledged that his car's radio was on when the accident occurred, and he suggested that the radio's sound may have prevented him from hearing any warning sounds that the reversing truck may have emitted.
Johnson acknowledged that he was unable to assess traffic conditions on West Main Street before he entered the intersection, but he contended that his two co-workers, who were stationed at the rear of the truck, checked traffic and signaled that he could safely proceed. Johnson's co-workers claimed that traffic was clear, and they contended that Silverman was speeding.
The trial was bifurcated. Damages were not before the court.
Silverman sustained a comminuted fracture of his left leg's tibia. The injury was addressed via open reduction and internal fixation. Silverman also underwent follow-up orthopedic treatment.
Silverman sought recovery of damages for pain and suffering.
The jury rendered a defense verdict. It found that Silverman was liable for the accident.
This report is based on court documents, information that was provided by plaintiff's and information that was provided by defense counsel.
