No Liability to EMT Whose Ambulance Has an Accident with a Parked Truck

Case: Ames v. Kamco Supply Corp.

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

Date: 6/20/12

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

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RELATED POSTS:

Owner of Parked Car Denied Summary Judgment in Car Accident Case

DEFENSE DENIED SUMMARY JUDGMENT ON LIABILITY WHERE PLAINTIFF'S CAR HIT STOPPED TRUCK; GOOD WORK BY PLAINTIFF'S EXPERTS, PLUS NOSEWORTHY DOCTRINE APPLIED

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Facts: Plaintiff was an emergency medical technician. Accident occurred when her ambulance, in which she was working and was a front seat passenger, collided with a parked truck. The lower court granted the defense summary judgment dismissing this accident victim's complaint.

The truck was legally parked on the shoulder of a roadway.

Plaintiff came up with a last-minute expert's affidavit -- which could not save her lawsuit.

Held: The truck and driver are granted summary judgment in their favor, dismissing this accident victim's lawsuit.