Tuesday, February 13, 2007

Sideswipes

On defendant's testimony that, as soon as she saw the infant plaintiff, who could not remember the accident, she hit the brakes, sounded the horn, and stopped the car, the First Department granted defendant summary judgment, in Jellal v. Brown, decided on Febuary 8, 2007. The court also cited unrefuted testimony that plaintiff had left the safety of the sidewalk, was outside the crosswalk, and moved into the car's path. However, the First Department found triable issues of fact in McFadden v. Bruno, decided on the same day. Plaintiff had been injured when she rode her bicycle into a parked car's door after defendant had opened it in the cyclist's path. In denying summary judgment, the court noted plaintiff's "contradictory statements regarding the speed at which she was traveling, as well as the conflicting testimony regarding how far the door was open when she rode into it."