Dawson v. Ross

Summary

The Appellate Division, Second Department, affirmed an order granting summary judgment to Walter J. Ross and the City of New York in a personal-injury action arising from a collision between a sanitation truck and a taxi. The court held that the defendants established prima facie that the taxi driver's conduct was the sole proximate cause of the accident, even without relying on an audio recording of the driver's statement, and upheld denial of the plaintiff's motion to preclude the recording.

Holdings

1. A defendant moving for summary judgment in a personal-injury action must establish prima facie that it did not proximately cause the plaintiff's injuries and, because an accident may have more than one proximate cause, must establish freedom from comparative fault as a matter of law. The City defendants satisfied that burden by evidence showing that Ross had the green light and right-of-way and that Cruz's conduct was the sole proximate cause of the collision.
2. The Supreme Court providently exercised its discretion in denying Dawson's cross-motion to preclude the City defendants from offering the audio recording of Cruz's statement in support of their motion and at trial.

Questions Presented

1. Whether the City defendants established prima facie entitlement to summary judgment by showing that they did not proximately cause Dawson's injuries and were free from comparative fault.
2. Whether Dawson raised a triable issue of fact in opposition to the City defendants' summary judgment motion.
3. Whether the Supreme Court providently exercised its discretion in denying Dawson's cross-motion to preclude the audio recording of Cruz's accident-scene statement.

Disposition

affirmed