Manuel A. Nunez double-parked his Access-A-Ride van on a busy street and was rear-ended by another driver. (Carlos A. Diaz admitted to rear-ending the van after falling asleep at the wheel.)
After Access-A-Ride and the two drivers were sued, a Bronx County Supreme Court jury awarded a passenger of the van $471,937.15.
On appeal, the Appellate Division, First Department, vacated the judgment and directed that there be a new trial.
The AD1 thought the jury instructions, which suggested that an accident is foreseeable when a van is double-parked on a busy street, weren't appropriately balanced (as the jurors could have also concluded that the accident wasn't foreseeable).
Did Nunez get a double helping?
To view a copy of the Appellate Division's decision, please use this link: White v. Diaz