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What pedestrian?December 23, 2009

Andromeda Med. Care, P.C. v NY Cent. Mut. Fire Ins. Co., 2009 NY Slip Op 52601(U)(App. Term 2d Dept. 200)

“In support of its motion, defendant annexed the affidavit of its insured, who averred that she had not hit any pedestrians. This affidavit was sufficient to demonstrate, prima facie, that “the alleged injur[ies] do[] not arise out of an insured incident”

You saw it again.  A medical provider prosecuted a causation case on behalf of a pedestrian and lost.  Now the pedestrian/assignor is collaterally estopped from litigating the causation issue in her potential personal injury claim against the driver of the vehicle that allegedly hit him.

If a court determines that there is privity between the plaintiff assignee’s attorney and the assignor and there is personal injury claim where the assignor is the plaintiff, then there might be a malpractice claim in the horizon.  Ouch.

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