Pedestrian Gets Summary Judgment in Knockdown Case

From Gyabaah v Rivlab Transp. Corp., 2015 NY Slip Op 04741 [129 AD3d 447] (App. Div. 1st Dept. June 4, 2015):

Plaintiff made a prima facie showing of her entitlement to judgment as a matter of law on the issue of liability by submitting her affidavit stating that the yellow school bus owned by defendant Rivlab Transportation Corp. struck her and ran over her foot, as she was crossing within a crosswalk, with the pedestrian light in her favor, and after she had looked for oncoming traffic.

In opposition, defendants failed to raise a triable issue of fact, since they submitted only an affirmation from an attorney without personal knowledge of the facts. Nor was defendants’ answer, verified by an attorney without personal knowledge of the facts, sufficient to raise an issue of fact. Defendants’ speculation that plaintiff may have been comparatively negligent does not raise a triable issue of fact. Although plaintiff’s motion was filed before discovery, defendants failed to explain what discovery was needed to oppose the motion, and they did not serve discovery demands during the years the action was pending.

Share This: