Saturday, June 12, 2021

Crash in Hunts Point in The Bronx Ends in Jury Verdict of Defendant 52% Liable, Dead Links

 

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, June 8 – Fred Donnelly was driving to his workplace at Hunts Point Auto Sales & Service in The Bronx on March 28, 2016 when his Buick LeSabre was hit by a truck from American Carbonation Corporation, driven by Ricky Sherer of Kunkletown, Pennsylvania. 

 Donnelly sued, in Bronx County Supreme Court. It got removed. 

 On June 8, U.S. District Court for the South District of New York Magistrate Judge Katharine H. Parker began a jury trial with seven jurors, in one of the large courtrooms on the 23rd floor of 500 Pearl Street. Inner City Press went up and covered it. 

 Donnelly was questioned by his lawyer about the minutes before the crash. He had stopped at a church, and was in no rush to get to work. He said he didn't try to pass the truck, that he respects trucks.

  The cross examination was largely about which way the streets run, and Longfellow Avenue intervening.

As thunder began outside, Judge Parker let the juror do for the day. She had held a settlement conference in the matter, on July 28, 2020.  

 On June 9 was the charging conference, and closing arguments. And the jury delivered a nuances verdict: Defendants 52% liable and Plaintiff 48% liable. Judge Parker "respectfully directed the Clerk of Court to upload to ECF the Court Exhibits from trial... the Voir Dire Questionnaire, the Jury Charge and the Verdict Form." But the links in the docket are not live, at least as of the evening of June 10.

The case is Donnelly v. American Carbonation Corporation et al., 19-cv-6030 (Parker).

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