On August 9, 2003, Elizabeth Jaynes was walking near or at the intersection of Station Road and Hampton Avenue in Bellport, New York. This was around midnight. While trying to cross Station Road, she hit by a car being driven by Justine M. Wilkens. The vehicle which was owned by Steven P. Wilkens was going north on Station Road. Ms. Jaynes was thrown off onto the southbound lane. While lying on the road after the hit, she was struck by another vehicle, this time the one being driven by Joseph B. McPartland. This vehicle was leased by Joseph B. McPartland’s father, Michael E. McPartland from Chase Manhattan Automobile Finance Corporation.
Ms. Jaynes did not remember anything that happened in the accident. According to Ms. Wilkens, she has been a licensed driver for about a month before the accident happened. She said that she has driven in that road at least ten times before. In her statement, she also said that it was misting but the road was dry. She did not need the wind shield wipers, and her headlights were on. She further stated that the area was not well lit. She first saw Ms. Jaynes and the friend as they were stepping of the sidewalk. She said that she was travelling at thirty miles per hour. A Lawyer found out that in her sworn statement after the accident at the scene she said she was driving at about 35-40 miles per hour. The speed limit in that road is thirty miles per hour. She said that Ms. Jaynes and her companion were walking and Ms. Jaynes suddenly crossed her path while the other woman was on the untraveled path. She then hit her brakes but did not swerve of sound her horn. Ms. Jaynes hit the hood of the car and flew to the southbound lane of the road. She pulled over at the side of the road and tried to call 911 but she said her phone failed. Her friend Robert McGuiniss was driving behind her, and they were conversing when Ms. Jaynes was struck again. They saw a blue pick-up travelling south and there were no other vehicles in front of it.
Mr. McGuiniss testified that he learned of the car accident when he saw Ms. Wilkens brake and pull over on the side of the road. According to a witness, he said that he thought she hit a bag of garbage that flew over the car. He also said that he did not see Ms. Wilkens apply her brakes until after the intersection of Hampton Avenue. He said that after talking with Ms. Wilkens, he walked towards where Ms. Jaynes lain, but before he could get there was a blue pick-up that passed. He said that he had to jump back in order to avoid getting hit. In his statement, he also mentioned that there were no other vehicles that passed other than the pick-up. He said that the pick-up hit Ms. Jaynes with the driver’s side, the brakes were applied and the vehicle skidded over Ms. Jaynes.
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