Case: Summary Judgment Granted on Liability in Motor Vehicle Accident with Significant Injuries
Counsel: Dennis J. Monaco
Result: Case Dismissed.
MSD obtained summary judgment dismissing the case against our clients since their vehicle was struck in the rear. Plaintiff alleged significant injuries, including a lumbar discectomy at L4-L5 and L5-S1, left shoulder and traumatic brain injury.
Judge Ben A. Barbato in Supreme Court, Bronx County, ruled that it us axiomatic that on a motion for summary judgment only after the movant has demonstrated by submitting proof in admissible form the lack of any triable issues of fact does the burden of shift to the opposing party to submit admissible proof the existence of triable facts. According to the court, a rear-ended collision with a stationary or slowing vehicle creates a prima facie case of negligence, requiring judgment for the movant unless the co-defendant can proffer a non-negligent explanation for his failure to maintain a safe distance between the cars. The Court determined that we had met our prima facia burden on the motion.
Read the decision here