A New York City jury has rejected a lawsuit alleging negligence against a cabdriver.
Facts and Allegations
John Silverio alleged that he was pulling out of a driveway when his vehicle struck the right side of a taxi driven by Yenko Liza. Asserting that he and his son were injured, Mr. Silverio sued Mr. Liza and the cab's owner, San Marcos De Leon Corp.
Mr. Silverio claimed that the accident had occurred at about 7:30 p.m. and that Mr. Liza had not activated his taxi's headlights. He claimed that he was not able to see the taxi approaching the driveway.
For his part, Mr. Liza asserted that the accident had occurred at about 5 p.m., while it still was daylight and that, in any event, his taxi's headlights were automatically activated by darkness and, therefore, would have been operating if the accident had occurred during darkness. Mr. Liza also claimed that he did not see Mr. Silverio's vehicle prior to the moment of impact and that Mr. Silverio should have yielded the right of way.
Result
The jury rendered a defense verdict. It found that the defendants were not liable for the accident.
The case is Silverio v. Liza, No. 2853/16 (N.Y. Sup. Ct. Queens Co. April 3, 2019). Attorneys involved include: Nissim Abaev; Sacco & Fillas, LLP; for John Silverio. Brian M. Martin; McCabe, Collins, McGeough, Fowler, Levine & Nogan LLP; Carle Place, NY for Yenko G. Liza , San Marcos De Leon Corp.
Insurance Coverage Law Center Comment
This report is based on information that was provided by counsel for Mr. Liza and San Marcos De Leon Corp. Additional information was gleaned from court documents. Counsel for Mr. Silverio's son was not asked to contribute; Mr. Silverio's defense counsel was not asked to contribute; and Mr. Silverio's remaining counsel did not respond to the reporter's phone calls.
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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].