Attorney Carol L. Schlitt Wins a Reversal by the New York Court of Appeals on Bronx Car Accident Case

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On February 12, 2008, the New York Court of Appeals issued a unanimous decision reversing an Appellate Court decision in the case of Markking Smalls v AJI Industries and Jahkim A Jenkins. Carol L. Schlitt, trial counsel for the plaintiff, hailed the decision, "The court agreed with our contention that Mr. Smalls deserves to have his full case heard by a jury."

On February 12, 2008, the New York Court of Appeals issued a unanimous decision reversing an Appellate Court decision in the case of Markking Smalls vs. AJI Industries and Jahkim A Jenkins (Index number 24368/02, Supreme Court, Bronx County). Carol L. Schlitt, trial counsel for the plaintiff, hailed the decision, "The court agreed with our contention that Mr. Smalls deserves to have his full case heard by a jury."

The case involves a Bronx car accident that occurred on December 14, 2001 when Mr. Smalls rode as a passenger in a car driven by Jhakim Jenkins. According to court filings, Mr. Jenkins misjudged a left-hand turn from Randall Avenue onto Zerega Avenue, lost control of the automobile and struck a parked dumpster owned by AJI Industries, Inc. Mr. Smalls suffered serious injuries and brought a suit against both Mr. Jenkins and AJI Industries.

AJI Industries, the owner of the dumpster, sought summary judgment dismissing the case against the company. While the Supreme Court denied the summary judgment motion, the Appellate Division overturned that decision. On behalf of her client, Ms. Schlitt appealed the case to New York State's highest court. In her written and oral arguments before the Court of Appeals, Ms. Schlitt argued that AJI Industries had failed to demonstrate that the dumpster played no role in the case. The Court of Appeals agreed and unanimously overturned the lower court's ruling, denied the summary judgment motion and ordered the case to proceed to trial.

Ms. Schlitt explained, "Our suit alleges that the negligence of AJI Industries in placing and maintaining the dumpster played a significant role in causing this accident and my client's injuries. We contend that had the dumpster been properly placed, this accident could have been avoided. Now a jury will decide the matter."

Mr. Smalls had retained the firm of Crasto and Associates of Queens, New York, who in turn retained Carol L. Schlitt to serve as trial counsel.

About the Law Offices of Carol L. Schlitt:

The Law Offices of Carol L. Schlitt specialize in personal injury law and accepts cases throughout New York City and Long Island. Recognized as one of the premier trial attorneys in the New York metropolitan area, Ms. Schlitt has achieved one of the top ten verdicts in New York City and is a past winner of the New York City Municipal Attorney of the Year Award. Her outstanding legal work has drawn notice by the New York Times, the New York Post, the New York Daily News and Newsday among other media outlets. For more information, please visit http://www.schlittlaw.com, call 1-800-660-1466 or e-mail carol@schlittlaw.com.

About Crasto & Associates, P.C.:

Founded by Anthony Crasto in 1998, the firm is a general practice law firm located in Howard Beach, New York. Its area of practice includes Personal Injury, Real Estate, Medical Malpractice, Trusts and Estates, Wills and Business Transactions. Crasto & Associates, P.C. was founded on the principle that each client's matter be worked on with the utmost legal diligence, attention and excellence. For more information contact 718-529-4242

For more information on this release, contact Ms. Schlitt at 1-800-660-1466 or carol @ schlittlaw.com.

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