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NY Court to Plaintiff: Look Both Ways When You Cross the Street!

December 15, 2011

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In <em>Garcia v. El-Zien</em>,  plaintiff, a pedestrian, was injured when she struck by a vehicle making a right turn at the intersection. Plaintiff was crossing in the crosswalk and the light was in her favor. Certainly, not a favorable set of facts for the defendant, and plaintiff moved for summary judgment.
However, while noting that the vehicle was in violation of traffic laws, the court denied summary judgment on the basis that plaintiff did not show that she was free of comparative fault. Specifically, plaintiff failed to state that she looked for oncoming traffic before she began to cross the street. Looks like Mom and Dad were right again!
<a title="Garcia v. El-Zien" href="http://http://www.nycourts.gov/reporter/3dseries/2011/2011_08902.htm" target="_blank" rel="noopener">http://www.nycourts.gov/reporter/3dseries/2011/2011_08902.htm</a>
Thanks to Jung Lee for his contribution to this post. If you would like more information, please write to mbono@wcmlaw.com.

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