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Are Pedestrian's Required to Have Eyes in Back of Their Head?

In April 2016 an Appellate Court covering Manhattan just held that a pedestrian in the middle of a cross walk - crossing the street with the light in his favor - could not be held even 1% responsible in a lawsuit against a bus company that ran over him. The defendant's airport shuttle bus while turning left onto Third Avenue from 41st Street, ran over the pedestrian's left foot which resulted in the partial amputation of two toes. See, Quintavalle v Perez, Appellate Division, First Department, New York. The shuttle bus company had argued that a long standing general rule of law imposed a duty of care on pedestrians, even when crossing with the right of way and while in the cross walk.

The Court noted that: "The only level of attention that could have succeeded in his avoiding being hit by defendant's bus would have required his continually turning around and checking behind him as he walked... Indeed, the imposition of such an obligation on pedestrians in such circumstances would be unreasonable and unsafe...." The Court rejected the bus company's argument that a jury might reasonably find that the pedestrian should share in some percentage of fault for the accident. 

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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