NY Attorney Wins Dismissal of $1.5M Demand of Professional Athlete

New York attorney Dana M. Ricci prevailed on the dismissal of a $1.5 million demand of a professional sports team member on a tort-based claim. In this case, the plaintiff suffered from lasting hip injuries after she stepped backwards to avoid being struck by our defendant’s vehicle while crossing a street located near the defendant’s training facility parking lot.

The plaintiff stated that the defendant’s vehicle entered the crosswalk and came to a stop. She claimed that she was forced to step out of the way to avoid being hit, leading her to fall to the ground, which resulted in a hip fracture. The defendant claimed he stopped 10 feet away from where the plaintiff was crossing the intersection and then saw her take a step backwards and fall to the ground.

Litchfield Cavo’s New York attorneys claim that there is no evidence pointing to reckless behavior and found no precedent for a claim wherein a pedestrian had no contact with a vehicle. Although, if appealed, a jury could still conclude that a driver is at fault if reckless operation of a vehicle proximately caused an accident.

This case could potentially establish a new precedent in New York courts regarding vehicle accident claims that do not involve contact with either party. To read the full story, click here.