FOR BREAKING NEWS VISIT www.couriersun.com AUGUST 13, 2015 • THE COURIER SUN 39 Long Island Walk Sunday, September 13, 2015 Eisenhower Park | East Meadow, NY Join our annual Walk to End Children’s Brain Tumors and help raise funds for the important work of the Children’s Brain Tumor Foundation! Walk is 3-5K. Runners welcome. Check-in is at 9 am. Walk begins at 10 am. Refreshments, music + fun activities for all ages. Registration on or prior to August 15 is $10, $15 after. Children under 5, survivors free. For more info: CBTF.org Legally Speaking By: Scott Baron, Attorney at Law 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. L & M TOURS Your One Stop For All Your Travel Needs! Bus Charters We have 56-seat motorcoaches and 24-seat mini buses available for your transportation needs. Cruises Want to go on a cruise? We can book you on voyages offered by all cruise lines. Vacation Packages We sell domestic and international air & land packages. Bus Trips Scheduled Bus Trips All Year Round Over 300 Tours to Choose From • Penn Dutch Amish Trip; Cape May; Montauk • Philadelphia; Baltimore; Boston; Annapolis • Sight & Sound Theatres - Joseph & Samson 2016 • Maine; New Hampshire; Vermont; Rhode Island • Niagara Falls & Toronto; Montreal & Quebec • Chicago; Pittsburgh; Ocean City; Cleveland • Cape Cod & Martha’s Vineyard; Washington, DC • Nashville & Memphis; Nova Scotia & Prince Edward Island • Casinos; Shopping; Shows; Train/Boat Rides & More 6812 3rd Ave., Brooklyn, NY 11220 718-238-2284 [email protected] • www.lmtours.net CALL FOR FREE BROCHURE 5 Convenient Pick Ups in NYC Receive a FREE one day bus trip up to $100 after booking & completing a 8-day or longer cruise or vacation package with us. 2 0 1 5 Air & Land Packages Motorcoach Tours & Charters Airline Tickets Domestic & International Cruises 71 8- 238-2284 6812 3rd Avenue Brooklyn, NY 11220 www.lmtours.net [email protected] 888-238-2220 (outside NYC) Group Discounts & Free Transfers Call for Details Advertorial THE BLIND DATE 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 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878
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