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 u...