Pedestrian Knockdown

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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…

Read More Outside-the-Crosswalk Pedestrian Knockdown Case Continues
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In Lake v. Holzer (Sup. NY Feb. 9, 2015), a personal injury car accident pedestrian knockdown case, the court held that the “emergency doctrine” was inapplicable and granted plaintiff’s cross-motion for summary judgment. Here are the facts: [P]laintiff Collin Lake, a pedestrian, was standing on the raised median island which separates the north and southbound lanes…

Read More Median Jump to Avoid Fender-Bender Unreasonable; Emergency Doctrine Inapplicable; Pedestrian Awarded Summary Judgment on Liability in Car Accident Case
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In Delva v. New York City Tr. Auth., the Appellate Division, Second Department explained the “emergency doctrine” in the context of a pedestrian knockdown case. A jury found in favor of plaintiff, and defendants moved to set aside the verdict pursuant to CPLR 4404(a). The trial court denied defendants’ motion, and the appellate court affirmed. Specifically,…

Read More Trial Court Properly Declined to Charge Jury with the “Emergency Doctrine” in Bus Accident/Pedestrian Knockdown Personal Injury Case
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While many personal injury cases involve various factual issues (particularly relating to the often-contested issue of negligence) that require resolution by the trier of fact, some contain issues that may be resolved as a matter of law. One example is the so-called “pedestrian knockdown” case in which a pedestrian is struck while lawfully crossing the street…

Read More Plaintiff Entitled to Summary Judgment in Pedestrian-Knockdown Case
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In Derezeas v. Robert H. Glover & Assoc., Inc., decided October 16, 2014, the Appellate Division, First Department, held that the Supreme Court properly denied defendant’s motion for summary judgment. That is, plaintiff gets to have her case decided by a jury. Plaintiff was a pedestrian who was injured when an individual participating in defendant’s running…

Read More Pedestrian Literally “Run Down”; Case Continues
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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 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 Johnson v. KS Transportation, a car accident case, the Appellate Division, First Department modified a summary judgment dismissing plaintiff’s complaint on the ground that plaintiff did not suffer a “serious injury” within the meaning of Insurance Law § 5102(d). Section 5104(a) of New York’s No-Fault Law provides, in pertinent part, that “in any action by or…

Read More Fact Issue as to Whether Knee Injury Meets “Serious Injury” Threshold Precludes Summary Judgment for Defendant in Car Accident Case
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