John Komar Wins Summary Judgment in Traffic Fatality Case in New York County
In Zhang v, Gomez (NY Supreme Court 101254/09) John Komar won summary judgment along with an award of costs and disbursements on behalf of our clients, the owner and operator of a yellow taxi cab. The case involved a tragic accident that resulted in the death of young woman seated in her boyfriend’s Honda as he attempted to make a left turn from the southbound lane of Park Avenue onto East 65th Street in Manhattan. The accident occurred at 3 o’clock in the morning. As the Honda driver made the turn he neglected to stop for a red light controlling the cross-town traffic and he drove into the path of a speeding pick-up truck coming northbound on the Avenue. The driver of the pick-up was later convicted of DWI and vehicular manslaughter. Following the fatal crash our client’s taxi--traveling in the same direction as the pick-up--crashed into the truck that had spun sideways and came to rest across the two travel lanes on Park Avenue. John was successful through the use of the parties’ deposition testimony, the certified transcripts from two DMV fatality hearings, and from the police investigation report and photos, to show that the taxi driver did not contribute to the crash between the Honda and the pick-up truck, and that the taxi’s crash into the truck was a separate and distinct event.