A jury in New York has rejected a taxi passenger's contention that she had been injured in an accident due to her driver's negligence.
Facts and Allegations
Jean Sposito alleged that she was a passenger in a taxi driven in Manhattan by Yacouba Souleymane that was struck in the rear by a sport utility vehicle driven by Ahmet Sari.
Sposito sued Sari, Souleymane, and the owner of Souleymane's vehicle, Lee Timothy. She alleged that Sari and Souleymane had been negligent in the operation of their vehicles, and that Timothy was vicariously liable for Souleymane's actions.
Sposito's counsel negotiated a pretrial settlement of her claim against Sari, and the case proceeded to a summary jury trial against Souleymane and Timothy. Among other things, Sposito claimed that Souleymane had been driving aggressively, weaving in and out of the center and left lanes. Sari corroborated Sposito's claims.
Defense counsel questioned Sposito's recollection of the moments that preceded the accident. He noted that Sposito had acknowledged that her attention had been consumed by roadside activity and sites, rather than what she said were Souleymane's actions.
Souleymane denied that he had been weaving through traffic. He claimed that his taxi had continuously occupied the left lane for about 14 blocks and that the accident was a result of Sari having failed to exercise due caution.
Result
The jury rendered a defense verdict. It found that Sari was liable for the accident, and that Souleymane and Timothy were not liable.
The case is Sposito v. Souleymane, No. 302070/14 (N.Y. Sup.Ct. Bronx Co. June 19, 2018). Attorneys involved include: Mehmet F. Gokce; Russo & Toner, LLP; New York, NY for Yacouba Souleymane, Lee Timothy.
FC&S Legal Comment
This report is based on information that was provided by plaintiff's counsel and counsel for Souleymane and Timothy. Additional information was gleaned from court documents. Sari's counsel was not asked to contribute.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].