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There Can Be More than One Proximate Cause of an Accident—Plaintiff, to Prevail On a Motion for Summary Judgment, Must Demonstrate Both Defendant’s Negligence as a Matter of Law and Plaintiff’s Freedom from Comparative Fault

The Second Department determined plaintiff's motion for summary judgment was properly denied, in part, because she failed to demonstrate she was free from comparative fault.  Defendant's truck and plaintiff's vehicle were stopped side by side in two left-turn lanes. When the light turned green both vehicles turned left.  Plaintiff alleged that defendant's truck crossed into her lane during the turn, striking her vehicle.  The court noted that there was a question of fact whether the truck crossed into plaintiff's lane, as well as whether plaintiff was comparatively negligent (two possible proximate causes of the accident):

A driver is negligent if he or she violates Vehicle and Traffic Law § 1128(a) by, inter alia, failing to drive “as nearly as practicable entirely within a single lane” (Vehicle and Traffic Law § 1128[a]…). However, there can be more than one proximate cause of an accident … . Accordingly, to prevail on a motion for summary judgment on the issue of liability, a plaintiff has the burden of establishing, prima facie, not only that the defendant was negligent, but that the plaintiff was free from comparative fault … .

Here, the deposition testimony of the parties, which the plaintiff submitted in support of her motion, was insufficient to demonstrate, prima facie, her entitlement to judgment as a matter of law. The deposition testimony raised triable issues of fact as to whether the defendant driver violated Vehicle and Traffic Law § 1128(a) by failing to drive the tractor-trailer “as nearly as practicable entirely within a single lane,” and whether negligence, if any, on the part of the plaintiff, who admitted that she was not aware of what the defendant driver was doing while she made her turn, contributed to the happening of the accident. Kaur v Demata, 2014 NY Slip Op 08607, 2nd Dept 12-10-14

 

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