Patrick Cooney and Anais Holland-Rudd Obtain Defense Verdict in Bronx County Collision Case

Patrick Cooney and Anais Holland-Rudd successfully secured a defense verdict in Bronx County Supreme Court in a motor vehicle collision case involving significant injuries and disputed liability.

Plaintiff sustained multiple fractures and was hospitalized for five days following a collision in Woodbury, New York. Plaintiff alleged that he was struck while attempting to re-enter traffic after pulling onto the shoulder of the roadway, but maintained that he had checked his mirror and observed a vehicle approximately one-half mile away before pulling into the lane.

The defense presented evidence that Plaintiff’s vehicle unexpectedly entered the roadway as our Defendant observed Plaintiff’s vehicle stopped on the shoulder close ahead. As he approached, Plaintiff suddenly pulled away from the curb and appeared to be attempting to make a U-turn across the highway.

The physical evidence supported the defense’s account. The points of impact, including damage to the left rear portion of Plaintiff’s vehicle and the front end of the defendants’ vehicle, were consistent with the defense’s version of the accident. The defense also presented testimony from an independent eyewitness who was traveling directly behind them at the time of the accident.

An accident reconstructionist further supported the defense by recreating the accident and explaining vehicle data retrieved from the defendants’ vehicle’s Airbag Control Module (ACM) to the jury. They testified regarding the significance of the data and the physical evidence, concluding that the evidence supported the defense’s position that Plaintiff was attempting to make a U-turn.

During the trial, the Court determined that Plaintiff had sustained a serious injury as a matter of law. The Court also indicated that it was prepared to direct a verdict finding the Defendant negligent based on the vehicle data indicating that he had been traveling above the speed limit.

Anais Holland-Rudd successfully challenged that proposed finding, arguing that the ACM data had not been independently verified as accurate by an expert and, therefore, could not establish negligence per se. The Court ultimately agreed with the defense’s position and declined to direct a verdict on negligence.

After some deliberation, the jury returned a defense verdict, finding that the defendant was not negligent.

The successful result was a collaborative effort involving the trial team and supporting staff.

The verdict also marks an especially significant accomplishment for Anais Holland-Rudd, who secured the defense verdict in her first civil trial.

Congratulations to Patrick Cooney and Anais Holland-Rudd on this outstanding defense victory and tremendous result for their clients!