On October 31, 1958, a little girl was waiting in a mobile x-ray truck to be x-rayed. She was unaware that just behind the truck, a panel van was attempting to pull away from the curb. The panel van’s rear bumper became interlocked with the bumper of the car that was parked behind him. As the driver pulled around the x-ray van which was also parked against the curb, it pulled the car that was hung onto the bumper forward. The car was forced into the back of the x-ray van. The car accident caused the child to become injured. Her guardian filed a lawsuit against the driver of the van and the company that he worked for.
The driver of the panel van died of natural causes before the case came to court. The company that employed him and owned the panel van that he had been driving on that date admit that the van was there. They admit that the accident was reported to them. They do not know the specifics of the accident because the driver is no longer available to testify. The company asked the court permission to not be held to as high a standard of proof for their case because they are unable to know the details that led up to the accident. The court points out that following the accident, the company asked for and obtained a statement from the now deceased driver in reference to the circumstances surrounding the accident. A Nassau County Personal Injury Lawyer said the court also contends that the company is in fact in possession of an affidavit made by the driver and a copy of the accident report.
The company states that it is their understanding that the vehicle that became hung up on the panel truck was parked illegally. They maintain that there was no contact between their truck and the x-ray truck. They feel that they should not be blamed for the accident. They contend that the driver of the vehicle that was illegally parked and thus was the proximate cause of the accident.