You are here: / / THE AFFIDAVIT FROM PLAINTIFF’S ACCIDENT RECONSTRUCTION EXPERT WAS...
,

THE AFFIDAVIT FROM PLAINTIFF’S ACCIDENT RECONSTRUCTION EXPERT WAS ESSENTIALLY THE SOLE BASIS FOR PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT IN THIS BICYCLE-CAR ACCIDENT CASE; THE AFFIDAVIT, FOR SEVERAL REASONS, DID NOT RISE TO THE LEVEL OF PROOF REQUIRED TO WARRANT SUMMARY JUDGMENT (THIRD DEPT).

The Third Department determined plaintiff’s motion for summary judgment in this bicycle-car accident case, based entirely on the affidavit from plaintiff’s accident reconstruction expert (Witte), was properly denied. The bicyclist died in the accident. The driver, Amyot, and her husband, a passenger, died later:

… [W]e note that Witte does not aver that his opinion is within a reasonable degree of scientific certainty. Although the failure to do so does not de facto render his affidavit invalid … , the affidavit must contain an evidentiary foundation that would support plaintiff’s verdict if offered at trial … . This it failed to do. Witte’s conclusions — which were based on the timing of the accident, i.e., where Amyot should have seen decedent and the precise distances and times averred to by Witte — are not based on facts evident in the record, but rather on the statement that Amyot’s husband made to police that “[a] couple houses past [the] speed zone on the right, I saw [decedent] on his bike coming out of . . . the driveway.” It is unclear from this statement whether Amyot’s husband was located “a couple” of houses past the speed zone when he saw decedent or whether decedent and the driveway from which he was exiting were located “a couple” of houses past the speed zone. Further, one cannot discern what constitutes “a couple.” For these reasons, the factual foundation lacks the probative force adequate to support summary judgment … . …

… [A]part from the supporting depositions, all of the documents that Witte utilized in forming his opinion are unsworn, uncertified and/or unauthenticated. Although the professional reliability exception to the hearsay rule allows “an expert witness to provide opinion evidence based on otherwise inadmissible hearsay,” it must be shown “to be the type of material commonly relied on in the profession” … . Furthermore, even if such reliability is shown, “it may not be the sole basis for the expert’s opinion” … . Delosh v Amyot, 2020 NY Slip Op 05003, Third Dept 9-17-20

 

You might also like
SEXUAL BEHAVIOR IN FRONT OF THE CHILD AND SHOWING PORNOGRAPHY TO THE CHILD CONSTITUTED NEGLECT (THIRD DEPT).
ORDER ENTERED UPON CONSENT IS NOT APPEALABLE, COERCION ARGUMENT MUST BE RAISED IN A MOTION TO VACATE THE ORDER (THIRD DEPT).
PLAINTIFF DID NOT SUBMIT SUFFICIENT PROOF OF COMPLIANCE WITH THE SERVICE OF PROCESS REQUIREMENTS OF THE LIMITED LIABILITY COMPANY LAW (SERVICE UPON THE SECRETARY OF STATE) (THIRD DEPT).
IN COURT STIPULATION OF SETTLEMENT WAS BINDING DESPITE AGREEMENT TO FINALIZE IT IN WRITING (THIRD DEPT
ATTEMPT TO EXHAUST REMEDIES UNDER THE COLLECTIVE BARGAINING AGREEMENT WOULD HAVE BEEN FUTILE, THEREFORE THE ARTICLE 78 PETITION PRESENTED AN ISSUE RIPE FOR COURT REVIEW.
THE STATUTE OF LIMITATIONS FOR BREACH OF FIDUCIARY DUTY BEGINS TO RUN WHEN THERE HAS BEEN AN OPEN REPUDIATION OF FIDUCIARY OBLIGATIONS; HERE THERE HAS NOT BEEN SUCH AN OPEN REPUDIATION; THE STATUTE NEVER BEGAN TO RUN AND THE MOTION TO DISMISS THE SHAREHOLDER DERIVATIVE ACTION AS UNTIMELY SHOULD NOT HAVE BEEN GRANTED (THIRD DEPT).
NEW YORK DOES NOT HAVE LONG-ARM JURISDICTION OVER A MICHIGAN MANUFACTURER OF ALLEGEDLY DEFECTIVE UNMANNED AERIAL VEHICLES (UAV’S) PURCHASED BY SUNY STONY BROOK FOR THE DELIVERY OF MEDICAL SUPPLIES IN MADAGASCAR; TWO-JUSTICE DISSENT (THIRD DEPT).
THE WORKERS’ COMPENSATION BOARD PROPERLY FOUND CLAIMANT WAS AN EMPLOYEE OF A TRUCKING COMPANY AND A SPECIAL EMPLOYEE OF A COMPANY WITH WHICH THE TRUCKING COMPANY HAD A CONTRACT, THEREFORE THE WORKERS’ COMPENSATION AWARD WAS PROPERLY SPLIT BETWEEN THEM (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

MOTHER’S APPLICATION TO CHANGE THE CHILD’S NAME BY ADDING MOTHER’S... PETITIONER’S PISTOL PERMIT WAS NOT REVOKED FOR DOMESTIC VIOLENCE; THEREFORE...