GUY FOUND TO HAVE CAUSED HIS OWN INJURIES
While L was stopped at a Queens intersection, JSS allegedly made a left turn and hit a beam which was protruding a couple of feet from L’s flatbed truck.
In response to a personal-injury lawsuit which was later filed with the Queens County Supreme Court, the defendants moved – via summary judgment – for pretrial relief in their favor. And when that request was granted, and the case was dismissed, an appeal followed.
On its review of the record, the Appellate Division, Second Department, was of the view that the evidence established that the defendants were not liable for what transpired. JSS was unable to rebut the finding that he was the “sole proximate cause of the accident,” and that his injuries were triggered by his own “negligence in turning directly into the beam on the truck.”
Because the defendants demonstrated a “prima facie entitlement” to relief, and JSS failed to “raise a triable issue of fact,” the dismissal was left undisturbed.
Think the defendants were beaming when they got that decision?
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DECISION