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| Gibbs v. U.S., 886 F Supp 239 (1995). The incident occurred in 1990, when the plaintiff was ten years old and riding on a sidewalk against motor traffic. A US Postal Service employee made a left turn into an alley and struck the bicyclist in the rear wheel. There was a parked truck on the sidewalk cyclist's side of the road, which obstructed the Postal Service driver's view of the cyclist, and the cyclist's view of the Postal Service truck. The plaintiff was unable to estimate how fast he was moving. The United States was found to be 80% negligent and that the driver failed to act with due care in accordance with New York Vehicle and Traffic Law sec. 1160, sec. 1151-a and sec. 1163(a), and with Guzzard v. Grotas, 98 Ad 2d 761, 469 NYS 2d 475. The plaintiff was found to be 20% negligent as he failed to act with reasonable care and prudence under New York Vehicle and Traffic Law sec. 1234(d) and with Ortiz v. Kinoshita and Co., 30 AD 2d 334, 292 NYS 2d 48. [Further analysis may be provided at a future time.] | ||||
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