Legal Opinion
Hinkle v. Trejo
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 2011PublishedCited by 4 opinions
1Opinion of the Court
The jury’s finding that defendant driver was not negligent in striking plaintiff pedestrian was based upon a fair interpretation of the evidence (see McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206 [2004]). The jury clearly credited the driver’s testimony that he had looked towards the curb immediately before the accident and had not seen anyone in his path, which determination is entitled to deference (see Haiyan Lu v Spinelli, 44 AD3d 546 [2007]). The jury could have inferred from the ev*632idence that plaintiff, who was on her cell phone, suddenly stepped out onto the street, without giving…
2Cases cited4 opinions
- McDermott v. Coffee Beanery, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
- Campbell v. Rogers & WellsAppellate Division of the Supreme Court of the State of New York · 1995
- Lu v. SpinelliAppellate Division of the Supreme Court of the State of New York · 2007
- Cavalli v. CohenAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by4 opinions
- Glassberg v. Filco Carting Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- A.C. Ex Rel. Naminata C. v. AjisogunAppellate Division of the Supreme Court of the State of New York · 2017
- Glassberg v. Filco Carting Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Silver v. VictorAppellate Division of the Supreme Court of the State of New York · 2022