Parked Garbage Truck Furnished Condition for the Accident, But Was Not Proximate Cause of the Accident

The Second Department determined plaintiff’s complaint was properly dismissed because the accident was caused by plaintiff’s failure to see what he should have seen.  Plaintiff’s vehicle struck a garbage truck which was stopped partially in the roadway:

Although the issue of proximate cause is generally one for the jury …, liability may not be imposed upon a party who “merely furnished the condition or occasion for the occurrence of the event” but was not one of its causes … . Here, the defendants demonstrated their entitlement to judgment as a matter of law by presenting evidentiary proof that [defendant’s] conduct in stopping his truck partially in the roadway merely furnished the condition for the accident, but was not a proximate cause thereof… . Lee v D Daniels Contr Ltd, 2014 NY Slip Op 00487, 2nd Dept 1-29-14