Perri and Van Dusen Obtain Summary Judgment for Fuel Trucker Company in Bronx Accident
Carl M. Perri and Matthew J. Van Dusen obtained summary judgment dismissing Plaintiff’s Complaint against their fuel trucking company and driver. Plaintiff sued the Defendants for negligence regarding a catastrophic injury accident on the Cross Bronx Expressway when the Plaintiff rear ended them at a high rate of speed while admittedly under the influence of drugs and alcohol. The Bronx County Supreme Court found that Defendants met their prima facie burden of establishing entitlement to summary judgment dismissing Plaintiff’s complaint. The Court held that Plaintiff was obligated to submit evidentiary proof in admissible form tending to establish a non-negligent explanation for the collision but was unable to do so. The Court noted that Plaintiff’s admitted failure to observe the truck in front of him due to turning his head to look over his shoulder, which led to his vehicle striking the truck in the rear, does not establish a non-negligent explanation for the accident. Ultimately the Court held the Defendants demonstrated their prima facie entitlement to judgment dismissing the action as Plaintiff admittedly struck the Defendants’ truck in the rear and failed to provide a non-negligent explanation for the collision. As a result, the Court dismissed Plaintiff’s Complaint and closed the case.
Carl M. Perri
Matthew J. Van Dusen