Mehmet Gokce Wins Defense Verdict on Liability in an MVA Without Driver’s Testimony
On April 30, 2018, Mehmet Gokce obtains a defense verdict on liability in the case of Alaa Abuseif v. Joseph Bojman and Abdul Awal, Index No. 18239/2013. Plaintiff alleged that, as he drove northbound on 6th Avenue in New York City, he was suddenly and violently rear-ended by our driver. Our driver was precluded from testifying so the jury would never hear our version of the accident which was that plaintiff cut him off from the left. The only evidence we had to work with in defending the matter was the police report wherein plaintiff stated to the police that he was merging to the left when the accident happened and an MV-104 that plaintiff signed two days after the accident wherein the narrative stated that, as plaintiff was driving northbound on 6th Avenue, our driver became belligerent and started yelling at plaintiff until our driver purposefully drove into plaintiff’s car in an act of road rage. Following a vigorous cross-examination of the plaintiff, we argued in in summation that, if plaintiff could not stick to one story, the jury could not know what actually happened, and that if they did not know what happened, they could not possibly know who was negligent. After 45 minutes of deliberation, the jury came back with a 6-0 verdict in our favor finding that the defendant was not negligent. As such, the case did not go onto the damages phase which involved a fusion surgery.