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Bicyclist’s Negligence as a Matter of Law Did Not Warrant Summary Judgment to Defendant (Bus Driver, etc.)/There Can Be More than One Proximate Cause of an Accident

The Second Department determined that the fact that the plaintiff was riding his bicycle the wrong way on a one-way street (negligence as a matter of law)  did not mandate summary judgment for the defendant bus driver (Wright).  There can be more than one proximate cause to an accident and defendant failed to demonstrate it was free from fault:

Although the plaintiff concedes that he was negligent as a matter of law by traveling the wrong way on Adams Street in violation of Vehicle and Traffic Law § 1127(a) …, there can be more than one proximate cause of an accident, and the proponent of a motion for summary judgment has the burden of establishing freedom from comparative fault as a matter of law … .

Here, the defendants failed to make a prima facie showing as a matter of law that Wright was free from any comparative fault in the happening of the accident. There are triable issues of fact as to whether Wright failed to see what was there to be seen through the proper use of his senses …, failed to exercise due care to avoid the collision (see Vehicle and Traffic Law § 1146[a]…), or was traveling at a reasonable and prudent speed as he approached the intersection in light of the conditions then present … . Espiritu v Shuttle Express Coach Inc, 2014 NY Slip Op 01707, 2nd Dept 3-1914

 

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