On July 25, 1967, a sixteen year old girl was walking on the sidewalk near 315 Lenox Avenue, Oneida, New York. A truck was travelling on Lenox Avenue, lost control and struck a parked car. It then jumped the curb and drove onto the sidewalk where it hit the girl causing her to be pushed under the porch of a house. This accident caused her serious injury. Her mother filed a lawsuit against the driver of the truck for loss of her daughter’s services and medical and hospital bills.
The driver of the truck denied all allegations. He denied that it was his truck. He denied that he was driving the truck. He denied that he lived in New York City. His allegations of complete noninvolvement were too false as to cause the court to comment on the impropriety of his denials. There is no reason to believe that he is not responsible for the accident.
When the driver of the truck commented on the accident, he advised that he was heading east on Lenox Avenue when his truck struck a parked vehicle, went out of control, and jumped the curb. He advised that two girls walking on the sidewalk tried to run up steps of a porch and his truck hit the girls and shoved the girls and the steps under the porch.
The court found that as a matter of law the girl and her friend were both free from any contributory negligence in the case of this accident. The court further comments that the only conclusions to be drawn from the truck driver’s own admissions was that “he did not maintain a proper lookout for vehicles parked on Lenox Avenue, did not have his pick-up truck under proper control and that after having struck the parked vehicle he fully lost control of the pick-up truck which then jumped the curb, crossed the sidewalk, and struck the steps of the porch and (the girls). As a matter of law it is determined (the truck driver) was negligent and his negligence was the proximate cause of the injury to (the girls.)(288 N.Y.S.2d761.
Therefore, the court rules that there are no triable issues of fact and that liability for this truck accident was clearly established as resting solely with the driver of the truck. The Court in Westchester finds that the driver of the truck is liable for the accident and that the victims are entitled to recover whatever damages that a court trial may asses.
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