John Komar Wins Defense Verdict In Kings County

October 9, 2017

On October 4, 2017, John Komar won a defense verdict in Marte v Vlaun, Index No.: 50392/14 (Supreme Court, Kings County).  The case involved a 34 year old passenger in our client’s livery car who claimed that she sustained serious injuries to her neck, back and right shoulder when the car collided with the rear of co-defendant’s vehicle, which had become disabled and stopped in the westbound left lane of The Triboro Bridge in Queens. Immediately to the left of the stalled car was a concrete barrier.   The plaintiff claimed the case was a routine hit in the rear and asked for a directed verdict against our client.  Mr. Komar argued that the other car’s breakdown constituted an emergency situation.  Our client testified that he was going 35 MPH with the flow of the traffic on the bridge when all of a sudden an F250 Ford pickup truck, with a cap on the back, that had been travelling immediately in front of him suddenly veered into the right lane leaving him confronted with the co-defendant’s stalled car.  He jammed on his brakes and attempted to pull to the right.  But the right lane was full of traffic, so he pulled back to the left crashing into part of the concrete barrier and part of the driver’s side rear fender and bumper on the disabled vehicle.  After argument on the issue of whether to charge the jury with the emergency doctrine, the trial judge decided that the emergency doctrine charge did apply to the actions of our client.  After hearing the charge, and then deliberating for a little over an hour, the jury returned a verdict finding that neither driver was negligent in the happening of the accident.

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