Date: 12-11-1998

Case Style: Jevaughn Wright, An Infant by his mother and natural guardian, Carolyn Wright v. Area Bus Corp. et al.

Case Number: Unknown1/10/00

Judge: Richard A. Goldberg

Court: Supreme Court, King County, New York

Plaintiff's Attorney: Glenn Faegenburg, of Edelstein & Faegenburg, Brooklyn, New York.

Defendant's Attorney: David F. Tavella, of Marshall, Conway & Wright, New York City.

Description: On October 7, 1993, a collision occurred between a van owned and operated by defendants and an automobile owned by the infant plaintiffs father, Kelly Wright. The infant plaintiff and his mother, Carolyn Wright, were passengers in the latter vehicle. Kelly Wright and Carolyn Wright brought suit on February 8, 1994 to recover damages for personal injuries they sustained as a result of the accident.

Outcome: A jury verdict for full liability against defendants was returned on April 13, 1998. The parents recovered a total of $500,000 on their respective claims. Action on behalf of the infant plaintiff was commenced on May 11, 1998. In their verified answer to plaintiffs complaint, defendants assert the statute of limitations as an affirmative defense. Plaintiff moved for summary judgment on the issue of liability on the grounds that defendants are collaterally estopped from relitigating the issue of their negligence. Defendants opposed the motion and cross-moved for summary judgment dismissing the complaint as time-barred.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: The Supreme Court, King County, New York issued the following orders, among others: plaintiffs motion for summary judgment on the issue of liability is granted; defendants' cross-motion is denied. See: 684 N.Y.S.2nd 841 (Sup.1998). The date shown above is the date of the court decision and not the trial date. Reported by JAB.