Motor Vehicle Accidents

In Castillo v. Slupecki, 2019 NY Slip Op 29033 (Sup. Ct. Bronx Cty. Feb. 8, 2019), the court held (upon reargument) that plaintiff – who seeks damages for injuries sustained as a result of a “pedestrian-knockdown” car accident – was free from comparative fault as a matter of law. The court had previously granted plaintiff summary judgment…

Read More Pedestrian Knockdown Plaintiff Was Free From Comparative Fault as a Matter of Law, Court Holds

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…

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

In Vasquez-Santos v. Mathew, 2019 NY Slip Op 00541 (App. Div. 1st Dept. Jan. 24, 2019), a car accident personal injury case, the court ruled on an increasingly-prevalent issue in litigation: the extent to which a plaintiff’s social media posts are discoverable by the other side. Plaintiff, a formerly semi-professional basketball player, sued after sustaining injuries in…

Read More Defendant Entitled to Social Media Discovery in Auto Accident Case

From Franco v. City of New York, 2019 NY Slip Op 00377 (App. Div. 1st Dept. Jan. 22, 2019): Plaintiff established entitlement to judgment as a matter of law in this action where he was injured when defendants’ tow truck was left unattended by its driver, defendant Millar, and rolled backwards into plaintiff’s car, which was…

Read More Plaintiff Entitled to Judgment in Rolling Tow Truck Case; Alleged Mechanical Failure Did Not Raise Issue of Fact

From Wanting Mei v Bilal Munir, N.Y. Sup. Ct. N.Y. Cty. Index No. 153578/2018 (Jan. 15, 2019): Plaintiffs motion, which contends that she was crossing in the pedestrian crosswalk, with the crossing light, when defendant’s vehicle struck her, has made out a prima facie case of negligence. Plaintiffs motion further establishes that she was not…

Read More Plaintiff Granted Summary Judgment in Pedestrian-Knockdown Case

In Alatsas v Sacchetti, 2018 NY Slip Op 08270 (App. Div. 2nd Dept. Dec. 5, 2018), a personal injury car accident case, the court affirmed the lower court’s decision denying summary judgment to defendant. The court explained: The City defendants failed to establish their prima facie entitlement to judgment as a matter of law. While…

Read More Car Accident Case Survives Summary Judgment; Plaintiff Not Shown to be the Sole Proximate Cause of Accident

Here is yet another reason why accident victims should refrain from using social media after they are in an accident. In Smith v. Brown, 2018 NY Slip Op 28299 (Sup. Ct. Bx. Cty. Sept. 27, 2018), a personal injury case involving a motor vehicle accident, the court held that plaintiff was required to respond to requests…

Read More Car Accident Plaintiff Must Respond to Requests for Admission Regarding Instagram “Selfies,” Court Rules

In Cerio v. Carrington, 2018 NY Slip Op 03597 (App. Div. 1st Dept. May 17, 2018), a car accident case, the court unanimously affirmed the lower court’s grant of summary judgment to defendant City of New York. From the decision: Plaintiff was injured when defendant Carrington, an intoxicated driver, attempted to make an illegal u-turn and collided…

Read More Car Accident Case Dismissed Against City; No Prior Illegal U-Turns