Potter v Stevens Van Lines, Inc., 2013 NY Slip Op 06474 (4th Dept. 2013)
“Plaintiff commenced this negligence action seeking damages for injuries he sustained in a motor vehicle accident. It is undisputed that plaintiff’s vehicle collided with a vehicle operated by David J. Fisk (defendant) and owned by defendant Stevens Van Lines, Inc. when plaintiff swerved to avoid Fisk’s vehicle that was entering the roadway from a driveway. ”
(1) Summary judgment granted on the issue of Defendant’s negligence, i.e., improperly backing out of the driveway
(2) Summary judgment denied as to whether Defendant’s negligence was sole proximate cause of accident.
Seems interesting the micro issues in the grander scheme of a negligence case that can be culled into a summary judgment motion. An inchoate siting of 3212(g)?
