July 10, 2023
MKCI Attorneys George W. Collins, Jr. and Angela Ponto recently successfully obtained Summary Judgment for our client in the Supreme Court of New York, Erie County. The Plaintiff in this action brought suit for injuries sustained in a motor vehicle accident, alleging that it was caused by our client’s driving at an excessive speed and failing to take appropriate evasive action in a timely fashion, which was also the subject of a cross-claim by a co-defendant.
The subject accident involved multiple vehicles, and our client asserted it was caused by a co-defendant failing to yield the right-of-way, causing our client’s vehicle to strike the Plaintiff’s. Plaintiff claimed a question of fact existed as to whether our client blindly and wantonly entered the intersection without any indication of evasive action.
Plaintiff’s injuries included an upper extremity surgery with future lumbar surgery.
The Court agreed with MKCI’s argument that the driver with the right-of-way is entitled to anticipate that other motorists obey traffic laws requiring them to yield, and that if the driver with the right-of-way only had seconds to react to a car that failed to yield, the driver with the right-of-way is not comparatively negligent for failure to avoid a collision, citing Gomez v. Budcynski, a recent 4th Department case.
We are happy to have achieved this result on behalf of our client. For further information concerning this case, please contact:
George Collins, Esq. – gcollins@mkcilaw.us.com
Angela Ponto, Esq. – aponto@mkcilaw.us.com