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The elements of a negligence claim brought under New York law are well settled. They are: (1) a duty owed to the plaintiff by the defendant; (2) breach of that duty; and (3) injury substantially caused by that breach. Thus, even if the defendant is negligent, there can be no recovery unless the plaintiff shows that…
Read More “Doored” Cyclist’s Case Dismissed Against MTA
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Last week the New York Court of Appeals issued a decision in Pelletier v. Lahm. In that tragic case, defendant driver Brittany Lahm lost control of her car when she took her hands off the wheel after a passenger untied her bikini top. The jury found in defendant’s favor, after the court instructed it on the…
Read More Court of Appeals Approves of “Emergency Doctrine” Charge in Brittany Lahm “Bikini Crash” Lawsuit
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In Achaibar v. City of New York, a personal injury car accident case, the Supreme Court, Queens County denied defendant City’s motion for summary judgment. Here are the facts: [Plaintiff testified that] the traffic signal, at the intersection of Hillside Avenue and 212th Street, was blinking yellow-amber at the time of the occurrence. Notably, the…
Read More No Summary Judgment for Defendant City in Car Accident Case Involving Alleged Broken Traffic Light
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In Samarskaya v. MVAIC, Judge Bluth of the New York Supreme Court, New York County denied defendant Motor Vehicle Accident Indemnification Corporation’s (MVAIC) motion for summary judgment. Plaintiff alleged that while riding her bicycle, she was struck by an opened rear passenger-side door of a taxi, which then drove off. Under Article 52 of the…
Read More MVAIC Denied Dismissal in Case of Cyclist “Doored” by Taxi Passenger
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In D’Agostino v. YRC, Inc., the Appellate Division, Second Department affirmed the denial of summary judgment on liability in favor of the plaintiff, who was struck in the rear. Here are the facts: During the late night hours of October 22, 2010, the plaintiff was driving in the northbound right lane of Interstate 87, near…
Read More Possible Explanation for Rear-End Collision Precludes Summary Judgment in Favor of Rear-Ended Plaintiff
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In Brown v. Mackiewicz (decided September 10, 2014), the Appellate Division, Second Department reversed the denial of plaintiff’s motion for summary judgment, and ordered that plaintiff’s motion for summary judgment on liability be granted. Translation: plaintiff wins (at least on the issue of liability). In this car accident personal injury case, the plaintiff was a…
Read More Pedestrian Struck By Ambulance in Crosswalk Wins Summary Judgment on Liability
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In Amador v. City of New York, decided August 13, 2014, the Appellate Division, Second Department explained: A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a…
Read More Rear-Ended Plaintiff Not Entitled to Summary Judgment in Car Accident Case
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Governor Cuomo recently signed legislation allowing New York City to lower the default speed limit from 30 miles per hour to 25 miles per hour. It will go into effect in three months. The purpose is to reduce the amount of injuries and death arising from motor vehicle accidents, particularly pedestrian knockdowns.
Read More New Law Makes NYC Speed Limit 25 MPH
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In Benn v. New York Presbyt. Hosp., a pedestrian knockdown motor vehicle accident personal injury case decided August 6, 2014, the Appellate Division, Second Department denied defendants’ motion for summary judgment. In this case, a 13 year-old student was struck by a city ambulance while in the middle of a crosswalk after exiting a city…
Read More Ambulance-Hit-Pedestrian Lawsuit Continues; “Emergency Vehicle” Recklessness Standard Inapplicable
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In Gomez v. Yussuf, a left-turn car accident case, the court dismissed plaintiff’s case, finding that plaintiff was the sole proximate cause of the accident. It described the accident as follows: Plaintiff was the driver of a car which hit a vehicle owned and operated by defendant at the intersection of Rockaway Boulevard and Beach 56th…
Read More Left Turn Accident Was All Plaintiff’s Fault, Court Finds