40 The QUEE NS Courier • APRIL 28, 2016 for breaking news visit www.qns.com Legally Speaking By: Scott Baron, Attorney at Law THE BLIND DATE Q: “DJ” was a blind date I got from a web site. He picked me up in his shiny Corvette. Or so I thought: it turned out to be rented. Within minutes, the guy had crashed the car into a utility pole on the side of a roadway. According to the police report, DJ said he lost control when he saw an old friend. Nowadays, he is making out that, all of a sudden, an oncoming car crossed over the double yellow line: that’s why he swerved to the right. A: Using the latest story, DJ’s attorney may argue that his client was faced with an emergency, that his actions are reasonable and prudent in that context. Suddenly faced with an unexpected circumstance, not of his own making, DJ had little or no time to reflect and was compelled to make a quick decision without weighing alternate courses of conduct. Your attorney will reply that DJ’s latest explanation, about an oncoming car, is so patently a recent fabrication that it should not even get to the jury – even though resolving questions of credibility, assessing the accuracy of witnesses, and reconciling conflicting statements are generally entrusted to a jury. With regard to the police accident report, you will need to authenticate it, and sometimes may even want to take the deposition of the police officer who prepared it. Presumably, the officer was acting within the scope of his duty in recording DJ’s statement: it ought to be admissible as a party admission. To prevail against the rental-car company, you need evidence that the accident was caused by equipment failure or that the company was negligent in entrusting the vehicle to this customer. To prevail against the web site, you would need to voyage successfully through largely uncharted legal territory, with far more facts than you have given here. Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 Michele Beaudoin receives her award from Jean Kinn, member of the Garden School board of trustees and chair of the 2016 Gala Alumni celebrating Grand gala for Jackson Heights’ Garden School Photos courtesy of The Garden School The Garden School in Jackson Heights recently celebrated its annual gala on April 8 at Terrace on the Park in Flushing. Supporters of the school joined faculty and alumni for an evening of fine food and dancing, as well as auctions with proceeds benefiting the school. The school also recognized two individuals for their years of service to the school: Michele Beaudoin of the Beaudoin Realty Group and Arthur Guen, former president of the Garden School board of trustees. Garden School parents Michael Ricatto receives an honorary diploma from Garden School Headmaster Dr. Richard Marotta Diana Bronnberg & Nicole Henriquez of Bronnberg & Henriquez PC are pleased to share the opening of their new Bayside Office this spring! With over 30 years combined experience, the team at Bronnberg & Henriquez PC specializes in Workers’ Compensation, Social Security Disability, Construction Accidents, Employment Law and Immigration. We also speak Spanish, Russian and Polish. To schedule your free consultation, visit their website BHNYLAW.com or call their offices at (718)714-8452.
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