In a recent New York State Supreme Court, Appellate DIvision, Second Department decision, Delyons v. MTA., 2012 NY Slip Op 06060 (8/29/12), an award of summary judgment to the defendants was reversed in an action stemming from a rear-end car collision in Brooklyn. The plaintiff, Nakisha Delyons, was a passenger in Defendant’s “Access-a-Ride” vehicle owned by Empire Paratransit and operated by driver, Jean Ambroise. The “Access-a-Ride” vehicle was struck in the rear by a different vehicle.
Plaintiff testified at her pre-trial deposition that immediately prior to the collision, the driver of the “Access-a-Ride” vehicle “jammed on the brakes”, at which point she injured her shoulder. She further testified that after he jammed on the brakes, the “Access-a-Ride” was struck in the rear, at which point she injured her neck. In the Trial Court, the “Access-a-Ride” Defendants moved for summary judgment arguing that since this was a rear-end collision, the driver of that vehicle was negligent as a matter of law. The Second Department court found that a question of fact existed regarding whether the driver of the “Access-a-Ride” was negligent in coming to a sudden stop, causing injury to Plaintiff’s shoulder. Accordingly, the Second Department ruled in favor of the plaintiff and reversed the Trial Court’s order of summary judgment. The case will now proceed to trial.
In the event you are injured in a car accident in the New York area, be sure to contact the Personal Injury Attorneys at Gallivan & Gallivan for a free consultation.