Case: Summary Judgment on Graves Amendment Granted Against Plaintiff and Plaintiff’s Cross Motion to Amend the Pleadings Denied
Counsel: Alice Spitz and Claire Lieber
Result: Case Dismissed
MSD recently obtained summary judgment in favor of a vehicle owner in a personal injury action prior to conducting discovery. Plaintiff alleged personal injuries resulting from an accident with a vehicle which allegedly left the scene. MSD’s client was in the business of renting vehicles and had no knowledge of the accident. Further, the renter denied that the vehicle was on the road at the time of the accident.
A pre-discovery motion for summary judgment based on 49 U.S.C. § 30601, the Graves Amendment, was granted by Justice Peter P. Sweeney of Supreme Court, Kings County. Judge Sweeney also denied plaintiff’s cross-motion to amend the pleadings based on the “relation-back doctrine” after the expiration of the statue of limitations, since the plaintiff failed to demonstrate the proposed defendants had knowledge of the claim or occurrence during the statutory period.
Plaintiff’s Case Dismissed!
Read the decision here