Summary
This New York Appellate Division decision reviews an order denying a motion for summary judgment in a personal injury action stemming from a three-vehicle chain collision. The appellate court reversed the lower court's ruling, holding that the middle vehicle operators established prima facie entitlement to judgment as a matter of law by demonstrating they were properly stopped when struck from behind and propelled into the lead vehicle. Consequently, the court granted the defendants' motion to dismiss the complaint and cross-claims against them.
Topics
Practice areas
Questions Presented
- Whether the Chowdhurys were a proximate cause of the accident such that summary judgment should be denied
- Whether the plaintiff and Mann raised a triable issue of fact sufficient to defeat summary judgment
Holdings
- The Chowdhurys are entitled to summary judgment because, in a chain‑collision, the middle vehicle may obtain judgment as a matter of law when it was properly stopped behind the lead vehicle at the time it was struck from behind.
- The plaintiff and Mann failed to raise any triable issue of fact; therefore summary judgment is proper.
Key quotations
“A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he or she was not at fault in the happening of the subject accident.”
“In a chain collision accident, the operator of the middle vehicle may establish prima facie entitlement to judgment as a matter of law by demonstrating that the middle vehicle was properly stopped behind the lead vehicle when it was struck from behind by the rear vehicle and propelled into the lead vehicle.”
Factual background
A three‑vehicle chain collision occurred. A vehicle owned by defendant Andre W. Mann struck the rear of a vehicle owned by Md H. Chowdhury and Tafazzul Chowdhury, which then propelled into plaintiff Leonardo Portorreal's vehicle. The plaintiff sued Mann and the Chowdhurys for personal injuries.
Procedural history
The Supreme Court, Queens County denied the Chowdhurys' motion for summary judgment dismissing the complaint and cross‑claims. The Chowdhurys appealed to the Appellate Division, Second Department.
Remand instructions
The order of the Supreme Court, Queens County is reversed and the motion for summary judgment dismissing the complaint and all cross‑claims against the Chowdhurys is granted.