Owner of Parked Car Denied Summary Judgment in Car Accident Case

Court: Supreme Court, Queens County, New York

Case: Dae Bum Ban v. Roxanna Quesada and Carlos Perez

Date: Aug. 7, 2012

From: New York attorney Gary E. Rosenberg

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Facts: Defendant Perez moves for summary judgment in this car accident case, claiming innocence because his car was parked and didn't contribute to the happening of the accident. Which seems like a pretty good argument.

The other parties guess that if summary judgment is denied and the case against Perez allowed to proceed, they may think of some way to keep him in. While this seems like impermissible speculation, the judge muses that maybe Perez was double-parked or some such.

Held: Since Perez only says that his car was empty at the time of the accident and doesn't deny seeing anything, the judge denies his motion and holds him in the case, to see this matter through to depositions. The judge calls this a "close case," but I think he blew it, since no one seems to have said what Perez could possibly have done wrong. Seems like the burden is improperly placed on Perez here.

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