Ajibola Sopade collided with another vehicle, jumped the curb, and hit a kid who was bike riding on the sidewalk.
While Sopade asserted he lost consciousness after being attacked by a passenger, the child's father claimed Sopade admitted to speeding in order to ram into his assailant's car.
When he was sued in Kings County Supreme Court, Sopade argued that a "sudden emergency" caused the accident and that the case needed to be dismissed. After that request was denied, he appealed to the Appellate Division, Second Department, which thought the kids' parents had raised a triable issue as to whether Sopade had been negligent.
There's no point knocking that around any further.
To view a copy of the Appellate Division's decision, please use this link: Diaz v. Sopade