Plaintiff Entitled to Summary Judgment in Pedestrian Knockdown Case

Motor vehicle accident cases frequently involve disputed issues of fact – e.g., who had the green light? – that are for the trier of fact to decide. In certain cases, however, the evidence warrants judgment in one party’s favor.

One example of such a case is Bokum v. Sera Sec. Servs., LLC, 2018 NY Slip Op 07044 (App. Div. 1st Div. Oct. 23 2018), in which the court unanimously affirmed summary judgment in plaintiff’s favor. From the decision:

The court properly granted plaintiff’s motion for summary judgment on the issue of defendants’ liability. Plaintiff’s affidavit indicated that she was crossing the street in the crosswalk with a green light, when she was struck by defendants’ vehicle. The defendant driver’s affidavit did not dispute these facts, and the police accident report stated that the driver mistakenly believed that he had the right of way. This evidence demonstrated defendants’ negligence as a matter of law.

The court also held that “[d]efendants’ argument that there is an issue of fact as to plaintiff’s comparative negligence goes to damages and is not a defense to plaintiff’s prima facie case” and that “[i]n any event, defendants failed to raise a triable issue of fact regarding plaintiff’s comparative negligence as to damages.”

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