Thursday, February 4, 2016

A double-parked vehicle, negligence, and proximate cause.

Practie point:  The Appellate Division reversed the motion court, and denied plaintiff's motion for partial summary judgment on the issue of liability in this action where plaintiff's vehicle was double-parked, in violation of 34 RCNY 4-08(f)(1), when it was struck by defendants' vehicle as that vehicle attempted to pass plaintiff's car. Plaintiff failed to show that his own negligence in double-parking his car in the traveling lane was not a proximate cause of the accident.

Student note:  The Appellate Division rejected, as a matter of law, plaintiff's assertion that the fact that his vehicle was double-parked merely furnished the occasion for the accident.

Case:  Brito v. RDJ Express Transp., NY Slip Op 00594 (1st Dept. 2016)

Here is the decision.

Tomorrow's issue:  Dismissal of a fraud claim.