Date: 10-11-2024

Case Style:

Jerry Avesyan v. JC Transport, Inc., et al.

Case Number: 1:21-CV-231

Judge: Robert M. Levy

Court: United States District Court for the Eastern District of New York (King County)

Plaintiff's Attorney:

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Defendant's Attorney: Anne M. Manero, Curtis B. Gilfillan, Patricia H. Seegers

Description:

Brooklyn, New York auto negligence truck wreck lawyers represented the Plaintiff.

JC Transport, Flowood, Mississippi, is a transportation company that offers a variety of services, including hauling scrap metal, transporting food, and RV transportation:

Scrap metal

JC Transport transports scrap metal from local scrap yards to Nucor. They have a flatbed division and a dry band division.

Food

JC Transportation specializes in transporting food and food-related products nationwide. They offer 24/7 pick-ups and deliveries, and have dedicated services and lanes.


New York is one of 12 states that follows a “pure comparative negligence” rule. Under the law, a party can recover damages no matter how much fault they bear for an accident. That means even if you're 99% at fault, you could still recover 1% of your damages.

New York's auto negligence law is based on pure comparative negligence, which means that a plaintiff can recover damages from a negligent defendant even if they were partially at fault for the accident:

Compensation
The amount of compensation a plaintiff receives is reduced in proportion to their share of the fault. For example, if a plaintiff is 90% at fault, they can still recover 10% of their damages if the defendant was 10% at fault.

Contributory negligence
Contributory negligence occurs when an injured party contributed to the accident or failed to take reasonable safety precautions, such as wearing a seatbelt.
Documentation
To minimize fault, it's important to document the accident scene and what you saw and heard. You can also make sure the police have your contact information and the contact information of any witnesses.
Statute of limitations
The statute of limitations varies depending on the type of case. For example, a minor has until their 21st birthday to file a lawsuit for a motor vehicle accident. For claims against municipal corporations, the plaintiff must serve a "Notice of Claim" within 90 days of the loss, and then has one year plus 90 days to file a lawsuit.

It's important to contact an attorney as soon as possible after an injury to ensure the case is ready to file before the deadline

Outcome: 10/11/2024 63 ORDER DISMISSING CASE, that this action, including all cross-claims and counterclaims and/or third-party actions, be and the same hereby is discontinued with prejudiced without costs to either party on the original Summons and Complaint as to all parties and all claims in this matter. (So Ordered by Magistrate Judge Robert M. Levy on 10/11/2024) (SG) (Entered: 10/11/2024)

Plaintiff's Experts:

Defendant's Experts:

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