Thursday, September 8, 2016

A defendant-movant's burden in a negligence action.

Practice point:  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 accident.

Student note:  There can be more than one proximate cause of an accident, and, generally, it is for the trier of fact to determine the issue of proximate cause.

Case:  Hurst v. Belomme, NY Slip Op 05849 (2d Dep't August 24, 2016)

Here is the decision.

Tomorrow's issue:  Liability for an independent contractor's negligent acts.