On March 23, Julien v. Diabate commenced in person with a full panel of six jurors and two alternates in New York County Supreme Court at 60 Centre St. Jury selection took place in a courtroom specially outfitted with Plexiglass barriers and other safety features, and mandatory mask wearing, social distancing and other COVID-19 safety protocols were strictly enforced. Thirty-one potential jurors were screened by trial counsel, Imran H. Ansari of Aidala Bertuna & Kamins for the plaintiff and Darian A. Bryan of Maroney O’Connor for the defendants, under the supervision of Justice James E. d’Auguste.
The case involved a bicycle accident that seriously injured plaintiff Patrick Julien. Summary judgment had already been granted on the issue of defendants’ liability for opening car doors on the side of moving traffic when it was not reasonably safe to do so, which is negligence per se under VTL Section1214. The jury would have decided comparative negligence and damages but the case settled during voir dire.
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