News

Vigorous closing leads to unanimous defense verdict

Montgomery v. Greaves, et al., Supreme Court, Bronx County, Index No. 18458/2007

In a summary jury trial in Supreme Court, Bronx County, AGF&J obtained a defense verdict on liability in favor of the owner of a parked vehicle. Plaintiff had settled with the driver of the other automobile involved in the collision, but continued to trial as against AGF&J’s client, whose sole connection to the event was having parked a vehicle at the intersection where the accident occurred.

Plaintiff testified, for the first time in five years of litigation, that the defendant’s vehicle obstructed his view of the intersection. The impact of the testimony was deflected on cross-examination and in closing, when the jury heard what plaintiff had testified in depositions. Plaintiff had not claimed any obstructed view, or anything about the defendant’s parked vehicle.

AGF&J Partner Irwin Miller and Associate Dennis Monaco defended this matter, with Monaco trying the case.