Legal Opinion

Bennett v. Cruz

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 1990PublishedCited by 2 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Bruce McM. Wright, J.), entered November 16, 1989, which, following a jury verdict in favor of the plaintiff Verna Bennett, awarded her damages in the amount of $215,000, unanimously affirmed, with costs.

The plaintiff was struck by the rear of defendants’ truck while crossing the street at, or immediately adjacent to, a crosswalk. Since it was undisputed that plaintiff looked in the direction of oncoming traffic before stepping off the curb, and the truck struck her while backing up (i.e., moving in a direction from which no traffic would be…

2Cases cited5 opinions

  1. Gonzalez v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
  2. Kupperberg v. American Druggists Syndicate, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
  3. Enstrom v. NeumoegenAppellate Terms of the Supreme Court of New York · 1911
  4. Vescio v. SilvermanNew York Supreme Court · 1959
  5. May v. European Health Spas, Inc.Appellate Division of the Supreme Court of the State of New York · 1984

3Cited by2 opinions

  1. Freeman v. KirklandAppellate Division of the Supreme Court of the State of New York · 1992
  2. Binetti v. InfanteAppellate Division of the Supreme Court of the State of New York · 2007

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