In a recent article titled, “SKETCHES OF COURT: Liability determined
in 3-car rear-ender,” published by Brooklyn Daily Eagle,
Attorney Michele Mirman is illustrated (by Alba Acevedo) addressing a jury during her summation
in the trial Johnson-Simmons v. Hossain.
In this case, the plaintiff driver, who brought the lawsuit and was represented
by Mrs. Mirman, was stopped at a red light at the intersection of 2nd
Avenue and 15th Street. The plaintiff felt two impacts as her vehicle
was rear-ended in a three-car crash. She was removed from the collision
location on a gurney.
During a motion for summary judgment on behalf of the plaintiff, it was
decided that the third car in the chain of vehicles was definitely at
fault; the hard-fought question was, whether the driver of the second
vehicle in the chain of cars had any percentage of liability.
Attorney Mirman showed that the second driver variously claimed that he
stopped his taxi before he was hit by the third vehicle, that he was still
moving when he was hit by the third vehicle, and that yet another story
was that his brakes failed and he skid due to the wet pavement caused
by the rainy weather.
The jury found in this case, that the second driver was indeed at fault
for the collision, attributing 40% to him and 60% to the driver of the