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Grosser v. Ivshin9/19/2002
JUDGMENT: Affirmed.
. Defendant-appellant Igor Ivshin ("defendant") appeals from the judgment of the trial court which, after a jury trial, granted the plaintiffs-appellee's motion for a new trial. For the reasons set forth below, we affirm the judgment of the trial court.
. On December 6, 1997, plaintiffs Anthony Grosser ("Anthony"), Patricia Grosser ("Patricia") and Philip Formoso ("Philip") had just pulled out of the Grosser's driveway onto Biddulph Avenue, were traveling down the road, and began to pass a parked car on the street. At the moment that they began to pass the car, the defendant had turned onto Biddulph Avenue and was quickly approaching the plaintiff's van. The two cars collided head-on.
. The plaintiffs filed suit against the defendant claiming personal injuries. The complaint alleged that on December 6, 1997, the defendant Igor Ivshin negligently operated his motor vehicle as to impact the car in which plaintiffs Patricia Grosser & Philip Formoso were passengers and they suffered severe injuries, emotional distress and loss of earnings. Her husband, Anthony Grosser, claimed loss of consortium.
. The defendant also filed a complaint against the plaintiff alleging personal injury . The suits were consolidated. The issue of liability was disputed, and the matter proceeded to a jury trial on December 11, 2001.
. At trial, Patricia testified that her husband, Anthony, her brother, Philip, and she pulled out of their driveway on December 6, 1997, at about 9:30 p.m. It was a very cold evening, it was snowing and the roads were snow-covered because the snow plows had not yet plowed. The three plaintiffs traveled down their street, Biddulph Avenue, and passed just a few houses before passing a parked car on the road. Patricia stated that as they were passing the car on the right, the defendant had just turned onto Biddulph and was quickly approaching their vehicle without his headlights on. She testified that at that moment, she stated to Anthony and Philip, "Check out this guy. He has no headlights on," to which Anthony responded "Check him out. He's coming right at us and he is not stopping." Patricia stated that at that point, their car was nearly stopped and as close to the parked car as possible while they anticipated, but could not avoid, the collision. The defendant collided head-on with the plaintiffs.
. Patricia then detailed the trajectory of both vehicles at the point of impact and the events that took place immediately after the accident. She stated that she struggled to open the door to the van because it was so close to the parked car on the right. She said it was her first instinct to get out of the car and yell at the defendant and attempt to retrieve his driver's license and insurance information from him. She then went back to the van to check on her husband, where she found him temporarily unconscious. Patricia stated that while fire trucks and ambulances arrived within minutes of the accident, it took approximately two hours for a police officer to arrive. Anthony, the defendant and his passenger were taken to the hospital, while Patricia and Philip waited for the police. Patricia testified that during that time, she noticed her injuries, including pain in her finger and ankle. She also noticed that Philip was repeatedly spitting blood and complaining of additional injuries to his thigh and lower leg.
. Patricia and Philip eventually went to the hospital that night. There, she found a police officer who directed the defendant to give Patricia his insurance information. Patricia testified that she smelled alcohol on the defendant as they were exchanging information.
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