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PERSONAL INJURY, VEHICLE AND TRAFFIC LAW.
The Jury Should Have Been Instructed on the Vehicle and Traffic Law Provision That Requires Signaling for 100 Feet Before Making a Turn, Even Though the Truck That Made the Turn Was Stopped at a Traffic Light; Defense Verdict in This Truck-Bicycle Accident Case Reversed
The Second Department, in a full-fledged opinion by Justice Barros, overruling a City Court decision, reversing the jury verdict in this truck-bicycle traffic accident case, determined the jury should have been instructed on the Vehicle and Traffic Law provision requiring that a turn signal be activated for 100 feet before turning. The truck was at a stoplight, and plaintiff testified the truck’s turn signal was not on when she pulled up to the stoplight next to the truck. When she started riding straight through the intersection, the truck allegedly made a right turn and ran over her. Moore v. City of New York, 2021 N.Y. Slip Op 04483, Second Dept 7-21-21