Yes. But since he admitted she was sprayed, what difference did it make what time it was? If he wanted to argue that she stood there and got sprayed on purpose, and he had evidence, at least that would be germaine to the discussion. But picking on what time of evening she was hit, when she was treated early monday morning, is petty.
She was an idiot. Every NYer knew what those trucks looked like when you saw one you got out of the way. There were plenty of people looking to sue the city of NY.