In Rosenblatt v. Venizelos , Vsevold Rosenblatt was crossing the street when he was hit by a truck driven by Michael Venizelos.
The evidence established that Rosenblatt was walking within the crosswalk and that he looked for approaching traffic before he traversed. A police report also contained an admission made by Venizelos that he was responsible for the accident.
After a negligence case was filed, the Queens County Supreme Court found that Rosenblatt had a winning case against Venizelos.
On appeal, Venizelos argued that a trial was needed since there were unresolved questions as to whether Rosenblatt had been distracted by his cell phone use.
The Appellate Division, Second Department, viewed Venizelos's argument as "feigned" and one which wouldn't change the outcome, particularly since he didn't deny the police report's accuracy.
Venizelos clearly took a hit there.
To download a copy of the Appellate Division's decision, please use this link: Rosenblatt v. Venizelos