David Bishop was in a rush to catch a bus, forgot to look both ways before crossing, and ended up getting hit by a car.
After he sued Ashley Curry to recover compensation for his injuries, Curry asked the Erie County Supreme Court to dismiss the case, claiming Bishop had been inattentive and negligent. When the Erie County Supreme Court denied that request, Curry appealed to the Appellate Division, Fourth Department, which felt that she hadn't shown an entitlement to relief in her favor.
Apparently, Curry couldn't remember how fast she was driving nor demonstrated that evasive measures were impractical. Since it was possible Curry was speeding, or otherwise driving negligently, the AD4 directed that the case proceed to trial.
Will Bishop have a chance to Curry favor?
To view a copy of the Appellate Division's decision, please use this link: Bishop v Curry