Summary
This appellate decision reviews the Supreme Court's denial of a defendant's motion for summary judgment in a personal injury action arising from a motor vehicle collision. The court affirmed the lower court's order, holding that the defendant failed to meet his prima facie burden to prove he was free from fault or that another driver's negligence was the sole proximate cause of the accident. Conflicting deposition testimony created triable issues of fact regarding whether the defendant exercised reasonable care and kept a proper lookout. Consequently, the matter must proceed to trial for a jury to determine liability.
Topics
Practice areas
Questions Presented
- Whether Tucker established a prima facie showing that he was not at fault or that Giordano's negligence was the sole proximate cause of the accident, thereby warranting summary judgment.
Holdings
- The motion for summary judgment is denied because Tucker failed to establish a prima facie showing that he was not at fault or that the alleged negligence of Giordano was the sole proximate cause of the collision.
Key quotations
“"[d]efendants moving for summary judgment in a negligence action arising out of an automobile accident have the burden of establishing, prima facie, that they were not at fault in the happening of the accident"”
Factual background
Roland Tucker was driving a vehicle northbound on Sills Road when Thomas Giordano, exiting a driveway, crossed two southbound lanes to make a left turn and collided with Tucker's vehicle. The collision injured the plaintiff, Debbie Durham, a passenger in Tucker's vehicle.
Procedural history
The Supreme Court, Suffolk County denied Tucker's motion for summary judgment on August 2, 2023. Tucker appealed to the Appellate Division, Second Department.