Syracuse Personal Injury Law Blog
Motor vehicle collisions are typically caused by the carelessness of one or more drivers. People involved in accidents are often reluctant to take responsibility, though, and the issue of fault will ultimately have to be presented to a jury. In some instances, though, liability is so clear that the court will decide in the plaintiff’s favor prior to trial. In a recent New York opinion, the court discussed the elements of common law negligence and ultimately affirmed judgment in favor of the plaintiff on the issue of liability. If you were injured in a motor vehicle crash, it is prudent to talk to a Syracuse personal injury lawyer about what evidence you must offer to demonstrate fault.
Factual and Procedural History
It is alleged that the plaintiff initiated a lawsuit against the defendant Chamber of Commerce, among others, seeking damages for personal injuries sustained when a runaway golf cart collided with her vendor tent at a carnival that the defendant organized. The accident happened when a carnival volunteer parked the golf cart but left it unattended with the key in the on position to help another vendor load supplies.
Reportedly, when the volunteers were in the process of loading, a tent fell onto the gas pedal of the golf cart, which caused it to accelerate into surrounding tents. Following discovery, the plaintiff moved for summary judgment on the issue of liability. In her motion, the plaintiff argued that the defendant’s failure to exercise due care when securing the golf cart proximately caused her injuries. The trial court granted the plaintiff’s motion regarding liability, and the defendant appealed.
Establishing Negligence as a Matter of Law
The court ultimately affirmed the trial court ruling. In doing so, the court discussed common-law negligence, which requires a duty owed by the defendant to the plaintiff, a breach of that duty, and a showing that the breach was a proximate cause of the injury.
The court noted that the existence and extent of a duty are legal questions, while foreseeability and causation are typically factual issues resolved by the fact finder. However, summary judgment is appropriate when only one conclusion can be drawn from the established facts, indicating the defendant’s negligence as a matter of law.
In the subject case, the court found that the plaintiff had established, prima facie, that the defendant owed her a duty to exercise reasonable care in parking the golf cart and breached that duty by failing to secure it properly. Given that it was foreseeable that the pop-up tent would be loaded into the golf cart, the court concluded that leaving the key in the “on” position caused the events leading to the plaintiff’s injuries.
Further, in response to the plaintiff’s motion, the defendant failed to raise a triable issue of fact. Thus, the court found that the trial court correctly granted summary judgment on the issue of liability in favor of the plaintiff.
Confer with a Skilled Syracuse Personal Injury Attorney
If you were hurt in a motor vehicle collision caused by another party’s carelessness, you have the right to seek compensation, and you confer with an attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse personal injury attorneys can evaluate the factors that led to your harm and aid you in seeking any compensation available. You can reach us through our form online or by calling us at 833-247-8427 to arrange a conference.