Spampinato v. A. B. C. Consolidated Corp.

On August 8, 1969, the plaintiff, an 18-year-old high school student was riding his bicycle on Flatbush Avenue in the vicinity of Erasmus High School in Brooklyn. As he passed the school, a truck driven by the defendant Harold Stark and owned by the defendant A. B. O. Consolidated Corp., approached from behind, struck him and ran over his legs. At the trial the plaintiff read the driver’s deposition in evidence and later called him to the stand. This evidence tended to establish the plaintiff’s theory that the accident was caused by the driver’s inattention. But it also supported the…