Issue of Fact as to Whether Following Vehicle Struck Motorcycle in Addition to Crossing-over Vehicle

Case: Stuve v. Baingan

Court: Supreme Court, Suffolk County

Date: August 5, 2013)

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

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Facts: Interesting procedure here. Plaintiff, in his motorcycle, was struck by two defendants' cars. He sued. Defendant Dozier claims she was struck by a vehicle operated by defendant Baingan, who crossed over the center of the roadway and struck her vehicle and plaintiff's motorcycle. Dozier was granted summary judgment dismissing plaintiff's case.

Plaintiff asked the Court to change its mind, by way of a motion to reargue. He argues that at the time of the accident he felt two vehicles strike his motorcycle.

Defendant Dozier did not observe plaintiff's motorcycle after she saw defendant Baingan's car was crossing over towards her vehicle. But she claims that her car didn't strike plaintiff's motorcycle.

Held: There is an issue of fact as to whether defendant Dozier's vehicle struck plaintiff's motorcycle. The Court changed its mind and reversed it prior decision, denying defendant's summary judgment motion.

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