In Chowes v. Aslam , Jeanette Aslam was driving around in Brooklyn -- on a Christmas day back in 2003 -- when she accidently hit Helene Chowes who was standing on the sidewalk.
While completing a U-turn, Aslam spotted a bicyclist in front of her, sounded her horn, attempted to press down on the brakes, but inadvertently stepped on the gas pedal -- which caused the vehicle to jump the curb and hit Chowes as she stood in front of Independence Community Bank (ICB).
Chowes later sued ICB and the City of New York in Kings County Supreme Court claiming they either caused the injury or failed to maintain the sidewalk in a pedestrian-safe condition. (Chowes alleged the curb was too low and barriers should have been installed to protect pedestrians.)
When the court denied their request to dismiss the case, the City and ICB appealed to the Appellate Division, Second Department, which found Aslam's driving to be the sole cause of Chowes's injuries.
Break it up, break it up, break it UP!
To download a copy of the Appellate Division's decision, please use this link: Chowes v. Aslam