Last Wednesday, a Brooklyn appeals court put the city right back where a jury left it years ago: on the hook for an alleged FDNY ambulance hit-and-run that injured a cyclist at Bond and Union streets in Gowanus in 2016. The Appellate Division, Second Department, reversed a lower court ruling and reinstated a jury’s finding that an FDNY ambulance struck cyclist Aeliana Boyer and left the scene, clearing the path for her to finally pursue damages after a long legal slog.
According to the Appellate Division, Second Department, GPS records placed an FDNY ambulance at the intersection "within moments of the accident," and that data gave jurors a rational basis to reach their conclusion. The panel reinstated the unanimous liability verdict and reversed the April 26, 2024 judgment that had tossed it out. The court also awarded one bill of costs to the plaintiff, with the opinion filed on July 1, 2026.
At trial, a jury had unanimously found the city liable, but Kings County Supreme Court Justice Richard Montelione later set that verdict aside, pointing to small discrepancies in testimony, as reported by amNewYork. The city’s Law Department declined to comment on the appellate ruling, according to that reporting. Boyer’s attorneys say jurors leaned heavily on the GPS trail and eyewitness accounts to reach their original decision.
GPS Evidence and Jury Credibility
The appeals panel focused on the digital breadcrumb that proved hard to ignore. The GPS tracks placing an FDNY ambulance at Bond and Union within minutes of the crash, the court said, gave jurors a solid basis to credit eyewitness identification even though there were minor inconsistencies in testimony. That meant the verdict was not some leap of faith but a choice supported by the record.
The combination of technical data and witness descriptions of a red-and-white ambulance formed the backbone of the appellate court’s reasoning. The judges concluded the jury’s verdict could be squared with a reasonable view of the evidence, which is the key legal test for keeping a jury’s call intact instead of tossing it aside.
Boyer's Injuries and Next Steps
Boyer says she suffered a concussion, torn knee ligaments, chronic nerve damage and injuries to her spine and shoulder that required multiple surgeries, and that she still cannot fully return to work while juggling therapy costs and basic living expenses, according to amNewYork. Trial filings and court records describe orthopedic and neurological injuries that required surgeries, as reflected in documents available on CaseMine.
Supporters who helped raise money for her recovery say the appellate win does not end the ordeal but at least restores her right to seek compensation. With liability back in place, Boyer is now preparing for the damages phase of the case.
What This Means Legally
In practical terms, the appellate order denied the City and FDNY’s motion under CPLR 4404(a) to set aside the liability verdict and sent the case back on track for a trial focused on Boyer’s losses. Defendants may still try for further review, but for now the jury’s liability finding is back in effect, opening the door for evidence on medical treatment, lost earnings and other claimed damages.
Attorneys on both sides now pivot to what could be a high-stakes numbers fight over dollars, surgeries and work capacity. The ruling wraps up one chapter in a legal battle that started at a Gowanus intersection in 2016 and reopens another, this time centered on how much compensation Boyer might receive for ongoing care and day-to-day costs.
The City Law Department previously declined to comment on the appellate decision, according to earlier reporting. Boyer’s legal team says it is gearing up for the next trial date and plans to press the damages case aggressively.
