A jury in New York has ruled that a motorcyclist and his passenger could recover for injuries they suffered when a trailing vehicle struck their motorcycle.
Facts and Allegations
Carlos Caceres alleged that his motorcycle was struck by a trailing vehicle in Manhattan and that he and his passenger, Liliana Guzman, were injured.
Mr. Caceres and Ms. Guzman sued David Cabrerra, a motorist who was driving in the area in which the accident occurred at the time of the accident, and the owner of Mr. Cabrerra's vehicle, Brigida Torres.
They alleged that Mr. Cabrerra had been operating the vehicle that struck Mr. Caceres' motorcycle, that Mr. Cabrerra was negligent in his operation of the vehicle, and that Ms. Torres was vicariously liable for Mr. Cabrerra's actions.
A witness reported having seen Mr. Cabrerra's vehicle strike Mr. Caceres' motorcycle. The witness correctly identified the color and license number of Mr. Cabrerra's vehicle.
Mr. Cabrerra claimed that he witnessed the accident, but that his vehicle was not the one that struck the motorcycle. A witness who occupied Mr. Cabrerra's vehicle at the time of the accident corroborated Mr. Cabrerra's claim.
Result
The jury found that the defendants were liable for the accident. The plaintiffs recovered a total of $100,000, which represented the entirety of the stipulated damages.
The case is Caceres v. Torres, No. 305803/13 (N.Y. Sup. Ct. Bronx Co. Jan. 16, 2019). Attorneys involved include: Anthony J. DiFiore; The Quinn Law Firm; for Liliana Guzman; Scott Goldman; Scott Goldman P.C.; for Carlos Caceres; Naomi Giaccone; Law Office of Dennis C. Bartling, Esq.; Westbury, NY for Brigida L. Torres, David Cabrerra.
FC&S Legal Comment
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].