Back in November, it was reported that last summer, Morgan Stanley financial adviser Martin Joel Erzinger, pictured, had driven over a doctor who was on his bike and then kept going, “until he reached a Pizza Hut parking lot, where he stopped and called Mercedes auto assistance to report the damage to his vehicle.” Dr. Steven Milo suffered damage to his knees and scapula, spinal cord injuries, bleeding to the brain, in addition to ‘disabling’ headaches and the possibility of multiple surgeries. The part of the story that was somewhat more shocking was that rather than be slapped with serious to quite serious charges, a court decided that for his crime, MJE would be hit with two misdemeanour traffic violations and restitution to the victim. People were somewhat outraged, to say the least. But! That was prior to hearing all of Marty's side of the story.

"New-car smell" might have contributed to a driver losing consciousness in a July hit-and-run accident, his lawyers claim. Martin Erzinger was driving a new 2010 Mercedes sedan when he rear-ended bicyclist Dr. Steven Milo, about 1:30 p.m. July 3.

Erzinger's attorneys say their client suffers from sleep apnea and fell asleep at the wheel before driving off U.S. Highway 6 and onto the shoulder near Miller Ranch Road, hitting Milo, who sustained injuries, from behind. Erzinger had purchased the car about a month before the accident. Accident reconstructionist John Koziol found in his investigation the sedan was emitting new car fumes, court documents said. It might have been a contributing factor, documents said.

Now, who feels like they judged too soon?

New Car Smell Cited In Hit And Run Case [DP]