Red Hook

SKETCHES OF COURT: Bicyclist faulted in Red Hook accident trial

July 24, 2017 By Alba Acevedo Brooklyn Daily Eagle
Court sketch by Alba Acevedo
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In this courtroom sketch, Hon. Katherine Levine watches as plaintiff’s attorney Theodore Bushlow (standing) displays an evidentiary photograph in the motor vehicle accident trial Giordano v. City of New York, et al. Bushlow is trial counsel to the law office of Stefano Filippazzo, who is seated at left. At issue was the determination of liability.

Robert Giordano was traveling southbound along Van Brundt Street when a westbound SUV struck his bicycle by the intersection of Hamilton Avenue and Summit Street. It was alleged by both Giordano and the defendant driver that their view of the intersection was partially obstructed by signs and 3-foot-high jersey barriers placed during a city reconstruction project that was begun to replace sewer lines and water mains under the roadway. Both the bicyclist and motorist live in and are familiar with the Red Hook area, and claimed to have had a traffic light in their favor. Anthony Bianchi (at right), of the law offices of Tobias & Kuhn, represented the defendant driver. Joseph Guzzardo (seated center), of the law firm Bartlett, McDonough & Monaghan, represented both the City of New York and its general contractor, Trocom Construction Corporation.

The city, per its counsel, claimed that the barriers and signage were lawfully placed, while both sides supplied traffic safety expert witnesses attesting to the safety or lack thereof at the intersection, which was also governed by multiple lights. The approximate time of the October 2009 accident was dusk or night, and it was noted that the bicycle did not employ a light while the SUV had automatic lights.

The jury delivered a verdict against the plaintiff, finding no fault with the defendants after the monthlong trial in Kings County Civil Term. Post-trial motions are pending.

 

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