Plaintiff, a Cattaraugus County Sheriff’s Deputy, was injured in an accident instigated by defendant. While operating his vehicle, the defendant lost control and crossed the oncoming lane of traffic and struck the plaintiff, who was outside his car parked on the side of the road.

Because of the accident defendant was charged with Speed Not Reasonable and Prudent and Failure to Keep Right in violation of 1180 (a) and 1128 (a) of the Vehicle and Traffic Law respectively and later convicted of Failure to Keep Right. The Brian O’Connell, Jr. Law Firm brought a lawsuit against the defendant on behalf of the plaintiff in order to recover compensation for the injuries sustained by the plaintiff due to the defendant’s negligence.