EVANS v. ACOSTA

8357. 22563/13E.

169 A.D.3d 438 (2019)

92 N.Y.S.3d 280

2019 NY Slip Op 00979

Omar Evans et al., Respondents, v. Arnulfo J. Arnulfo J. Acosta et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 7, 2019.


Plaintiff Omar Evans sustained skull fractures and traumatic brain injury after an accident of which he has no personal recollection. One eyewitness testified that she saw plaintiff cross the intersection and fall to the ground in a seizure-like episode. However, another eyewitness testified that he saw plaintiff start to cross the street by walking behind defendants' tractor trailer, as it was going through the intersection, and then fall straight over after being hit in...

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