5/7/2007
McAdams v. Sacks
In McAdams, plaintiff, a bicylcist, was struck and injured by Sacks’Lexus SUV as he crossed Riverside Drive at 95th Street in Manhattan. Defendant Sacks was making a right hand turn onto Riverside Drive from the Westside Highway at the time of the accident. Plaintiff alleged that he was he was riding across the walkway at the time of the accident and therefore had the “right of way.” Andrea Sacco Camacho successfully argued that plaintiff was akin to a vehicle and not a pedestrian and therefore he did not have the “right of way” when he was riding in the cross walk area. Ms. Camacho was also able to prove that the defendant was not negligent as he could not have reasonably avoided the accident.