Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx

In the case of Lifson v. City of Syracuse and Derek Klink New York’s Court of Appeals held that a driver who, while making a left turn, struck and killed a pedestrian whom he did not see until only a fraction of a second before hitting her because of sun glare, was not entitled to have the jury instructed on the emergency doctrine.   The court''s  majority and dissenting opinions battled  over whether the fact known to all that the sun sets in the west can excuse a driver who claims sun glare blocked his view.  If I were representing the pedestrian, I would argue that nothing prevented the driver from seeing my client before he began to make his turn.  The court's decision is silent as to that aspect of the accident, possibly for reasons that the record on appeal would make clear..