Passenger In Rear-End Collision Keeps Owners and Driver Of Her Vehicle in Case Because They Failed To Show That Their Driver Wasn't Negligent in First Stopping Short; Defense Summary Judgment Denied.

Court: Supreme Court, Appellate Division, Second Department, New York

Case: Nakisha Delyons v. Metropolitan Transportation Authority

Date: Aug. 29, 2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer)

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Facts: Nakisha Delyons was riding in an "Access-A-Ride" van that stopped short; she hurt her shoulder. The van was then struck from behind, causing her to injure her neck.

The lower court let the owners and driver of the van out of the case on summary judgment, leaving the vehicle that rear-ended the van to take all the blame for this motor vehicle accident.

The Access-A-Ride defendants supported their summary judgment motion with the transcript of her deposition. They took the position that they were entitled to summary judgment dismissing them from the case because the driver of a rear-ending vehicle is considered to be negligent as a matter of law.

Holding: Delyons is correct in arguing that the Access-A-Ride defendants ignored the question of whether or not their van's driver was at fault for stopping short, an act which plaintiff claims damaged her shoulder. The papers of those defendants were deficient in proving that the van's driver was not at all negligent for causing the accident.

The Access-A-Ride defendants should not have been let out the case on a summary judgment motion. The lower court's order is reversed. The Access-A-Ride defendants stay stuck in this case until trial.

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