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New York Attorneys Prevail at Trial in Long Island Expressway Suit with Photographic Evidence

New York attorneys Brian S. Gitnik and Justin T. Shain prevailed on defense verdict in Queens County Supreme Court before the Honorable Janice A. Taylor. The case was a highly contested motor vehicle accident that occurred in the westbound lanes on Long Island Expressway near the Cross Island Parkway exit during rush hour traffic.

Our client was a truck driver at that time working for a publicly traded company specializing in collecting and disposing regulated substances. Plaintiff alleged had a pre-trial demand of $2.5 million alleging our client sideswiped her vehicle causing her to sustain a neck injury that eventually resulted in a cervical fusion procedure.

During trial, the plaintiff’s allegations were debunked by the credibility of our client’s counter recollection of the accident and was supported by multiple photographs our client took with his mobile phone immediately following the accident while still at the scene.

Photographs revealed that it was the plaintiff’s vehicle that crossed over the line into our client’s lane of traffic while the truck he was driving was within his designated traffic lane. The photographs provided proof to discredit the plaintiff, but her credibility was also damaged during cross-examination by means of aggressive impeachment due to her long history of prior lawsuits and a recent conviction for insurance fraud.

Brian persuasively implored the jury to use common sense and render a defense verdict while the plaintiff’s attorney offered numerous attempts to bolster his client’s account of the incident as is standard during trial in truck versus car accidents.

Following closing arguments the jury deliberated for just under an hour and returned with a unanimous defense verdict. As Queens County bifurcates trials, counsel was not required to proceed with the damages portion of the claim.

Brian is an experienced litigator handling every aspect of litigation from offering advisory opinions through alternative dispute resolution (ADR), settlement or trial. In addition to his full time litigation practice, Brian offers continuing legal education sessions focusing on multiple facets of New York law to provide his clients CLE New York, Florida, Georgia and Texas.

Justin’s practice comprises insurance defense litigation concentrating in premises and auto liability, products liability, insurance coverage and New York labor law matters. He handles all aspects of cases from inception through discovery, motion practice, mediation, arbitration, appeals and supporting partners in trial.