Patricia Bono, driving her vehicle was hit by Philip Rose, who was driving his truck. This happened at the intersection of Boyle Road and Hawkins Road in the Town of Brookhaven. Mr. Rose’s truck hit the passenger side of the Ms. Bono’s vehicle. Around a week before July 16, 2007, Mr. Rose took his vehicle to Halben’s Tire City, Inc. because he was experiencing problems with his breaks. He left his vehicle there with the assurance that someone will call him to let him know what the problem was. At the time that he went back to get his truck, which was July 13, 2007, he was told that the vehicle needed more work done, and he would need to go back to have them do it. Mr. Rose said that when he took his vehicle, he was told that the breaks would be fine in the 2-3 days before he takes it back to them. He said that when he drove off it was okay. The second day after it a bit more difficult to break and on the third day of having the truck, which was the day of the car accident, he said that the break was failing. A reporter got hold of his testimony at his deposition that stated that he noticed he had problems stopping, but he eventually did prior to hitting Ms. Bono’s car.
A case was filed against Halben’s Tire City, Inc. also doing business as Theo’s Car Care Center. In the petition of Ms. Bono, she stated that Halben’s Tire City, Inc. was liable for her injuries because of their negligence. According to a witness, she alleged that their negligence showed in sending a dangerous vehicle on the rods without warning to the owner. They are saying that they violated their agreement with Mr. Rose as they did not fully repair the breaks of the vehicle.
There was no case filed against Mr. Rose because Ms. Bono has already settled her claim with Mr. Rose. The papers presented say that Mr. Rose gave $100,000, the full coverage of his insurance policy. This payment was the condition that released Mr. Rose from any other claims that may arise from the Brooklyn accident.
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