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Pedestrian Knockdown

In Quintavalle v. Perez, 2016 NY Slip Op 03126 (App. Div. 1st Dept. April 26, 2016) (a car accident/pedestrian knockdown case) the court held that a pedestrian struck from behind was, as a matter of law, not comparatively negligent (for failing to notice an avoid a vehicle that struck him from behind) and entitled to summary judgment […]

In car accident litigation, a police report often supplies useful information. But is it admissible in court? That was an issue addressed by the Second Department in Memenza v. Cole, 2015 NY Slip Op 06789 (App. Div. 2d Dept. Sept. 16, 2015). The court summarized the law as follows: Facts stated in a police report […]

In Chou v. Ocean Ambulette Serv., Inc., 2015 NY Slip Op 06876 (App. Div. 2nd Dept. 2015), the court held that the plaintiff – a pedestrian who was injured when she was struck by an ambulette – was entitled to summary judgment on the issue of liability. Here are the facts that, in the court’s view, […]

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 […]

One of the most serious types of car accidents is the so-called “pedestrian knockdown” case, in which a motor vehicle hits a pedestrian. Unsurprisingly and for obvious reasons, in the “car v. pedestrian” scenario, the pedestrian is at significantly greater risk. In Zhu v. Natale (App. Div. 2nd Dept. 8/19/15), plaintiff was walking in a crosswalk […]

In Castiglione v. Kruse – a personal injury/car accident/pedestrian knockdown case – the Appellate Division, Second Department reversed the lower court and granted the injured pedestrian-plaintiff’s motion for summary judgment on the issue of liability. The injured plaintiff was struck by defendants’ vehicle, which was making a left turn from Keith Lane to proceed eastbound on […]

In Aycardi v. Robinson, 2015 Slip Op 04249 (App. Div. 1st Dept. May 19, 2015), the court addressed the not-uncommon scenario where the plaintiff seeks to hold the employer of an alleged wrongdoer liable under the principle of vicarious liability. In this case, plaintiff pedestrian asserts that she was hit by a car being driven by […]

In Blok v. Mammadov (App. Div. 2nd Dept. March 18, 2015), the Appellate Division, Second Department, affirmed the denial of summary judgment to a pedestrian plaintiff. Here are the facts of this car accident case: While crossing Sheepshead Bay Road at or near its intersection with Emmons Avenue in Brooklyn, the plaintiff allegedly was injured […]

Gothamist has reported that a driver who struck and killed a Harlem sixth grader was apparently operating an Uber-affiliated car. This is what they had to say about this pedestrian car accident case: The victim, Ervi Secundino, was struck at around 3 p.m. [on May 6, 2015] while crossing Adam Clayton Powell Jr. Boulevard at […]

In a short opinion, the First Department in Santo-Perez v. Enterprise Leasing Co. (decided March 26, 2015) reversed summary judgment for defendant driver, even though the pedestrian they hit was outside the crosswalk at the time. The court wrote: While the fact that plaintiff was crossing the street on foot outside of the crosswalk, in […]