Tuesday, October 20, 2015

A bus driver's alleged negligence, and a summary judgment motion.

Practice point:  The Appellate Division affirmed the motion's denial, finding that plaintiff made a prima facie showing of the driver's negligence by relying on the parties' deposition testimony, which showed that plaintiff was riding his bicycle in the middle lane of traffic, and defendant bus driver came up behind him and, without honking or signaling, moved the bus toward the left lane in an attempt to pass the bicycle.  The evidence that defendant driver changed lanes without signaling or leaving a safe distance between vehicles, establishes defendants' negligence, pursuant to Vehicle and Traffic Law § 1122[a], 1128.

Student note:  Defendant driver's testimony that he believed the accident occurred because plaintiff merged toward the left into the bus is speculative and insufficient to raise an issue of fact.

Case:  Velasquez v. MTA Bus Co., NY Slip Op 07536 (1st Dept. 2015)

Here is the decision.

Tomorrow's issue:  Constructive discharge, retaliation, and sexual harassment.