Mark Anthony Spano died in a car accident. He hit a tree with his car and died. In a trial, filed by Leonard Spano as the Administrator of the Goods, Chattels and Credits of Mark Anthony the trial court found that they were not able to establish at initial look the negligence that was supposed to have been committed by Deputy Edward H. McAvoy. In their case, they claimed that spotlight that was used by Deputy McAvoy reflected in the decedent’s rearview mirror and temporarily blinded him, which in turn caused him not to see the tree and hit it and die. A witness said that the court did not find any evidence where they could somewhat infer that the deputy’s spot light can blind a driver.
A case was filed with the Appellate Court to appeal against the decision. The court looked at the evidence presented, said a juror. The only testimony regarding the length of time the spotlight on was from the defendant Deputy McAvoy. He testified and in his sworn statement, that the spotlight was on for about three seconds. He also swears that he did not see Mark Anthony Spano’s car hit the tree. Where evidence shows that he was just about five seconds or about 500 feet behind the decedent’s car. With this distance, he has a clear view if the car before him, and the tree. This creates a doubt about his testimony regarding how long the spotlight was on.
Another question about his statement was that it was given three hours after. It was given to an investigator whom the sheriff hired. The statement itself showed that the defendant reviewed it very thoroughly before he signed it as there were corrections that he initialed by hand. It was mentioned by a source that it narrated Deputy McAvoy turning on his spotlight and focused it on the rear window of the pursued vehicle. There was no mention of when he turned off the spotlight, if he did. The records also showed that within four days from the accident, the investigator did a follow-up investigation to clarify Deputy McAvoy’s statement. In the additional report, it is said that Deputy McAvoy turned off the spotlight as the decedent’s car crossed the intersection. He said that it was because it was hard to drive and control the spotlight at the same time. Nassau and Suffolk have the same problems.
Leonard Spano, on the other hand, had presented an optometrist and an car accident reconstruction expert who could make the jury see that a person can be blinded by a strong light reflection from a mirror. The defense counsel also agrees that the effect of a shining light on a rearview mirror is a question for a jury. A Lawyer said that the court reversed the decision of the decision of the trial court. They granted a new trial to present the case.
Car accidents are not always the fault of the driver who hit the car or a tree like in this case. Sometimes, there are mitigating circumstances. If this is overlooked, it may mean injustice for the injured party. New York Car Accident Lawyers are the ones who make sure that you get a trial if there is a need and that all parties responsible are held liable for their actions. It does not matter if they work for the government.
If you have been involved in a car accident, and you do not know where to go next you should call 1-800 NY – NY- LAW for the offices of Stephen Bilkis & Associates Car Accident Lawyers. We will handle your case as if we were the one involved making sure that your interest is always known to the court, and you get what is due to you. We handle cases for New York and Long Island.