Perri and Popadiuk Defeat Passenger’s Motion for Summary Judgment in Trucking Accident Case
Plaintiff allegedly sustained personal injuries while a passenger in a vehicle involved in an accident with our clients’ tractor-trailer. Plaintiff argued that because he was merely a passenger with no control of the operation of his vehicle whatsoever, he was automatically entitled to summary judgment. We successfully countered that despite being a passenger, Plaintiff too had to use reasonable care for his own safety. We noted that Plaintiff failed to address the condition of the roadway, traffic conditions, or the condition of the weather and visibility at or around the time of the accident. He did not state, indicate or describe his knowledge and experience with respect to the roadway where the accident occurred or his knowledge of the competency, ability, skill and condition of the individual driving his vehicle or that driver’s apparent awareness of potential dangers.
Carl M. Perri
Gregory J. Popadiuk