Edward Feldman and Jill Feldman v. Evenson Best LLC and Hector L. Zambrana
Type of Injury
KNEE AND CHEST INJURIES
Commercial Real Estate Broker
New York, New York
The parties negotiated a pretrial settlement. The defendants’ insurer agreed to pay $2.5 million.
On Nov. 2, 2010, plaintiff Edward Feldman, 62, a commercial real estate broker, was struck by a furniture delivery van. The incident occurred on Third Avenue, alongside its intersection at East 15th Street, in Manhattan. Feldman claimed that he sustained injuries of a knee, several ribs and his spleen.
Feldman sued the van’s driver, Hector Zambrana, and the van’s owner, EvensonBest, LLC. Feldman alleged that Zambrana was negligent in the operation of his vehicle. Feldman further alleged that EvensonBest was vicariously liable for Zambrana’s actions.
Feldman claimed that the impact occurred in a crosswalk, that a pedestrian-traffic signal permitted his entrance to the intersection, and that Zambrana ignored a red traffic signal that should have prevented his entrance to the intersection.
Zambrana claimed that a green signal permitted his entrance to the intersection. He also claimed that Feldman was engaged in conversation on a cellular telephone at the time of the accident. However, Feldman claimed that he was simply carrying his telephone; not engaged in conversation.