New York Appellate Court Rules that Summary Judgment Should Have Been Entered in Car Accident Case

In a Syracuse automobile accident lawsuit, the plaintiff must be able to prove that the driver against whom a claim is filed was negligent in some manner. In order to prove negligence, the plaintiff has to prove that the defendant breached a duty of care that was owed to him or her and that the plaintiff was damaged as a proximate result. If the plaintiff is unable to make a prima facie showing of negligence, it is likely that the defendant driver will file a motion for summary judgment. Unless there are genuine issues of material fact to be resolved at trial, the court may rule that the defendant is entitled to judgment as a matter of law. Facts of the Case The plaintiff in a recent appellate case arising in the Supreme Court for Niagara County sought monetary damages from the defendant driver for injuries she suffered in a traffic accident. The accident allegedly occurred when the plaintiff made a left turn in front of the defendant’s vehicle, which was approaching…

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