David Gould, with the assistance of associate Aidin Kazemi, obtained a defense verdict on the issue of liability in the Justin Nadler v. Richard Purdy and Danny Joseph Clark case. The jury deliberated for 44 minutes on this case in the Supreme Court, Nassau County, Index Number 602537-21, before Judge Christopher McGrath.

On November 22, 2020, the plaintiff was operating a four-wheel All-Terrain Vehicle(ATV) on State Highway Road 8 in Deposit, New York, in Delaware County. This road is a two-lane highway with one lane for moving traffic. The plaintiff slowed down with the intention of making a left turn over the solid double yellow line into a driveway. At the same time, our client, Danny Clark, who was driving behind the ATV, tried to drive around it by moving to the left of the double yellow lines. He was struck on the right side of his car by the front of the SUV before completing his pass. We argued that Mr. Clark was not negligent as he could not have foreseen that the plaintiff would be making a left turn in front of him, given that ATV was not equipped with any directional signals as the vehicle was not “road worthy.” The defense further argued that since the plaintiff was found by the Court to be negligent as a matter of law for previously pleading guilty to operating the ATV on a public highway in violation of Vehicle and Traffic Law 2403., he was not only negligent as a matter of law, but was also the sole proximate of his own accident.

Pictured right to left are David Gould, Danny Clark and Aidin Kazemi.