VTL 1146 Archives - Pospis Law, PLLC

January 31, 2019 by mjpospis

Should’ve Honked: Plaintiff Overcomes Summary Judgment in Accident Case

In Barracato v. SP Plus Corp., 2019 NY Slip Op 00698 (App. Div. 1st Dept. Jan. 31, 2019), a personal injury motor vehicle accident case, the First Department unanimously affirmed the lower court’s decision denying defendants’ motion for summary judgment. In sum, plaintiff was unloading merchandise from the drivers’ side of his truck on a a two…

Outside-the-Crosswalk Pedestrian Knockdown Case Continues

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…

Wrong-Way Injured Bicyclist May Continue Case Against Bus Company

In Espiritu v. Shuttle Express Coach, Inc., a bus-bicycle accident case, the Appellate Division, Second Department reversed summary judgment for the defendant bus company. Here are the facts: [P]laintiff was riding his bicycle south on Adams Street in Brooklyn when he was struck on the left side by a private shuttle bus owned by the defendant…