Friday, July 22, 2016

A bicyclist, a bus, and an illegally parked vehicle.

Practice point:  The Appellate Division affirmed denial of the motion to dismiss in this action where defendant argues that, although its truck was parked in a no-standing zone at the time of the accident involving plaintiff's bicycle and a bus, its truck was not a proximate cause of the accident. The Appellate Division found issues of fact as to how far the truck was protruding into the lane of travel, whether plaintiff swerved toward the bus in an effort to avoid the truck, and whether plaintiff was forced to jump from his bicycle in order to avoid being slammed into the truck as his bicycle was being dragged by the bus.

Student note:  Since a reasonable factfinder could conclude that the accident was a foreseeable consequence of defendant's illegal parking, summary judgment was properly denied.

Case:  Santana v. MTA Bus Co., NY Slip Op 05450 (1st Dep't July 7, 2016)

Here is the decision.

Monday's issue:  An exclusionary clause in an insurance contract.