Skip to main content

Recent Developments: Appeals Court Reverses Lower Court Decision Throwing Out Plaintiff's Car Accident Case

In a decision issued on March 25, 2015, the appeals court that covers Long Island and parts of NYC reversed a decision by a lower court that threw out a car accident case brought by an injured plaintiff.

The plaintiff was a passenger in a car that was struck in the rear by someone driving a vehicle with dealer plates for Bay Ridge Lexus. As is not unusual, the driver of the dealer car (who could be an employee or manager at Bay Ridge) apparently told the driver of the other car, no, don't call the cops; this is a dealer car; take your car to Bay Ridge, and they'll fix it. However, the plaintiff passenger was physically injured and eventually sued Bay Ridge, its related companies, and the other driver.

Because the cops were not called, and for whatever other reason, Bay Ridge had no record of the accident. The defendants then used this lack of a record on their end to make a motion to dismiss plaintiff's case. (Did they think the plaintiff was making the whole thing up?)

The defendants won before the lower court, and plaintiff's case was thrown out. But the appeals court said, no, you can't win on a motion to dismiss (called a motion for summary judgment when you argue the facts) just by pointing out holes in a plaintiff's case. Besides, witnesses in the front car saw that the car that hit them had Bay Ridge Lexus plates, and Bay Ridge admitted that it owns a car with those plates. We'll let a jury decide what happened.

The appeals court got it right. The lower court decision siding with the defendants was a bit baffling. And if you think you are injured in a car accident, you need to call the police so they can come and create an accident report. It would have avoided this entire mess.

Labels:

Comments

Post a Comment

Popular posts from this blog

Being Fired for Things an Employee Did On Their Own Time, Outside of Work: Legal or Not?

New York is an "at will" employment state, meaning that, in the absence of a contract, you can be fired at any time, for any reason, or for no reason at all, unless the reason is based on something like age, race, religion, disability, etc. (just a handful of categories). (Government employees have more protections than private-sector employees, such as First Amendment protections.) One of the few exceptions to the at-will employment rule is New York Labor Law §201-d. The statute is lengthy and has lots of caveats and qualifiers and defenses (for the employer). But the gist of § 201-d is that an employee can't be disciplined or fired (or not hired) for something they do on their own time, away from work, that is legal, and that is not against the employer's interests.  The statute and the reported cases mostly deal with "recreational" and "political" activities, and the cases can turn on whether something was a "recreational activity...
Post a Comment
Read more

Insurance Companies Trying to Gag Superstorm Sandy Victims?

As reported in several news articles ( this one  is free), in the aftermath of superstorm Sandy, engineering firms were hired by insurance companies to inspect the homes of people making claims for flood damage.  There have been allegations that two of the engineering firms, U.S. Forensic out of Louisiana, and GEB HiRise out of Uniondale, forged property damage reports in order to deny claims. The NY State Attorney General is investigating those allegations and wants to talk to the homeowners.  At the same time, there are about 1,800 lawsuits in federal court involving the insurance coverage claims. A three-judge panel is trying to expedite resolution of the cases.  Last week it was revealed that one of the insurance companies, The Standard Fire Insurance Company, which is a subsidiary of Travelers Insurance, drafted language in a settlement document saying that any homeowner who accepts a payout of their claims cannot cooperate with the criminal invest...
Post a Comment
Read more

Recent Case Developments: Court Finds Breach of Contract of Oral Agreement/Loan

In November, 2014, plaintiff and defendant agreed that the plaintiff would loan the defendant $200,000, and the defendant would pay him back in 4 installments of $50,000 over the next year. The defendant made the first 3 payments (totaling $150,000), but not the last payment. The plaintiff then sued for breach of contract for the remaining $50,000. There was nothing in writing, just an oral agreement. It appears that as soon as the defendant served his "Answer" to the "Complaint", the plaintiff moved for summary judgment (a kind of mini-trial on paper). The evidence included the cancelled check for $200,000 and the records of payments totaling $150,000. The appeals court held that, although there was nothing in writing, the oral agreement was enforceable as a contract and held that the plaintiff had proven his breach of contract claim.  The defendant had argued it was too early in the case to decide such a motion, that more evidence needed to be gathered (called...
Post a Comment
Read more