Early one September morning, while the light was in the traffic's favor, an allegedly intoxicated Alex Cumming attempted to cross West 76th Street and was hit by a taxicab driven by Sansoussy Camara.
After Cumming filed suit against Camara and the vehicle's owner in the New York County Supreme Court, a jury found in the defendants' favor.
On appeal, Cumming argued that the lower court had improperly charged the jury (on the driver's failure to "yield the right of way") and that the outcome was contrary to the evidence presented at trial.
Although it agreed that the jury charge was somewhat irregular, because the lower court's error was "harmless," and the jury based its determination on a "fair interpretation of the evidence," the Appellate Division, First Department, affirmed the outcome.
Bet the poor guy was punch-drunk after getting that.
To view a copy of the Appellate Division's decision, please use this link: Cumming v. Camara