Perri and Popadiuk Defeat Plaintiff’s Motion for Summary Judgment in a Motor Vehicle Accident Case
Plaintiff made a pre-deposition motion for summary judgment on liability in New York State Supreme Court (Queens County) and sought dismissal of the Defendants’ affirmative defenses as well as an immediate trial on damages. Plaintiff argued that he had the right of way at an intersection and the Defendant ran a red light and collided with Plaintiff’s vehicle. The injuries are alleged to be serious as Plaintiff underwent a right knee arthroscopic surgery and a back laminectomy surgery at four different levels.
In support of his motion, Plaintiff relied on his own affidavit as well as a sworn statement of a non-party witness supporting Plaintiff’s version of the events and affirming that the Defendant drove through a red light and caused the collision. Despite that proof, we relied on the Police Accident Report, which contained a code that listed the inattention/distraction by both drivers as a contributing factor to the accident. We further argued, and the Court agreed, that Plaintiff’s motion was premature and that we provided an evidentiary basis for suggesting further discovery, including the deposition of the Plaintiff and his non-party witness.
Carl M. Perri
Gregory J. Popadiuk