On April 28, 2023 Kevin Horbatiuk won a verdict in favor of our clients after a trial on liability in Queens County, Supreme Court in the case of El Hassan vs Munoz Trucking Corporation and Maria Theresa Corral. This case arose out of a motor vehicle accident involving a livery driver who claimed that while he was in a legal parking space waiting for his fare to arrive he was violently struck by our client’s tractor trailer truck. The minor property damage to the driver’s side mirror was consistent with a side swipe accident. The plaintiff further claimed that the force of the impact was sufficient to cause serious injuries to his shoulder, knee, neck and lower back. Ultimately, he underwent five surgeries including a cervical fusion. Plaintiff’s counsel never lowered his demand from four point five million dollars.

Our tractor trailer truck driver client testified that as she was slowly driving in heavy traffic on a narrow two way street she was unaware of coming in contact with the plaintiff’s car. She additionally testified that she became aware that something happened after the plaintiff and a companion pursued her, turned in front of her and forced her to a stop. When the plaintiff and his companion get out of their car, they accused her of hitting his car and demanded money. According to our client in response to her statement that she was unaware that she hit his car, the plaintiff stated, “ I was on the sidewalk. I saw you hit my car.”

In his summation Kevin argued that though the plaintiff repeatedly testified that he was seated in the car, he never testified that he saw the truck strike his car. He further argued that the evidence supported our client’s testimony that he was in fact not in the car when the contact allegedly occurred. The jury requested all photographs in evidence and a read back of the truck driver’s testimony in which she stated that she came into contact with the plaintiff’s car. After receiving a read back regarding the fact that she was only aware that she came into contact with the car after the plaintiff stopped her tractor trailer, the jury returned a unanimous verdict in favor of the defendants in less than fifteen minutes.