Amazon Driver in Uhaul van: Liable for Personal Injuries
Car Accidents in New York and Florida are common but what happens when the Amazon Delivery Driver rents a uHaul and causes an accident? Well, in SCHMAHL v. Rich, 2022 NY Slip Op 33928 - (Kings County Supreme Court 2022), "A motor vehicle collision that allegedly occurred on February 5, 2019" resulted in serious injuries when he "was struck by a vehicle operated by Defendant William Rich ("Defendant Rich") and owned by Defendant U-Haul International, Inc." Amazon allegedly employed him and
While the personal injury "incident allegedly occurred on Route 110 at or near its intersection with Duryea Road, in Huntington, Suffolk County, New York," the case is brought in Kings County, Brooklyn. Why? Typically a better venue- Kings County typically brings in more money for personal injury than Suffolk County NY Personal Injuries. As they say, "Brooklyn is the Borough."
The Legal Standard employed in this case is CPLR 3212. Summary judgment is a drastic remedy that deprives a litigant of his or her day in court, and it "should only be employed when there is no doubt as to the absence of triable issues of material fact." Kolivas v. Kirchoff, 14 AD3d 493, 787 N.Y.S2d 392 [2d Dept 2005], citing Andre v. Pomeroy, 35 NY2d 361, 364, 362 N.Y.S.2d 1341 [1974]. The proponent for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. See Sheppard-Mobley v. King, 10 AD3d 70, 74, 778 N.Y.S.2d 98 [2d Dept 2004], citing Alvarez v. Prospect Hospital, 68 NY2d 320, 324, 508 N.Y.S.2d 923 [1986], Winegrad v. New York Univ. Med. Ctr., 64 NY2d 851, 853, 487 N.Y.S.2d 316 [1985]. "In determining a motion for summary judgment, evidence must be viewed in the light most favorable to the nonmoving party, and all reasonable inference must be resolved in favor of the nonmoving party." Adams v. Bruno, 124 AD3d 566, 1 N.Y.S.3d 280, 281 [2d Dept 2015] citing Valentin v. Parisio, 119 AD3d 854, 989 N.Y.S.2d 621 [2d Dept 2014]; Escobar v. Velez, 116 AD3d 735, 983 N.Y.S.2d 612 [2d Dept 2014].
Most Personal Injury Attorneys try to resolve the "issue of liability and that thereafter the matter should proceed on the issue of damages," so that the injured person may be compensated. Some attorneys incorrectly advise their clients to "not remember," but in this case it is used against the uHaul Driver that crashed into the Plaintiff. Here, "Plaintiff relies on his own affidavit, a certified Police Accident Report, the deposition of Defendant Rich...
the Court finds that sufficient evidence has been presented by the Plaintiff to establish, prima facie, that the Defendant driver Rich was negligent and the sole proximate cause of the accident as a matter of law....the Defendant driver's admission that he collided with Plaintiff's vehicle when he made a lane change and did not see Plaintiff's vehicle is admissible. Defendant Rich contests his admission in the Police Accident Report in his deposition stating that he did not tell the police that he failed to see Plaintiff's vehicle when changing lanes but saw a "blur in the mirror." However, this does not constitute a material change of his admission. See Yassin v. Blackman, 188 AD3d 62, 64, 131 N.Y.S.3d 53, 55 [2d Dept 2020]. In his affidavit, the Plaintiff states that Defendant came into his lane without warning and he tried to avoid the collision by turning his "steering wheel to the right." (See Plaintiff's Motion, Exhibit "E", Paragraph 5). Moreover, the points of contact reflected in the Police Report show that the front passenger side of Defendant's vehicle collided with the middle of the driver's side of the Plaintiff's vehicle, at the doors.
The case is n SCHMAHL v. Rich, 2022 NY Slip Op 33928 - (Kings County Supreme Court 2022), "No party with knowledge alleges culpable conduct on the part of the Plaintiff. As such, the Plaintiff's motion is granted to the extent that the Defendant driver Rich was negligent and the sole proximate cause of the accident... Plaintiff's motion (motion sequence #1) for summary judgment on the issue of liability is granted in that the Defendant driver Rich was negligent and the sole proximate cause of the accident"
Cory H. Morris, Esq. New York and Florida, Injury, Addiction, Accident, Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954)-745-4592 (FLA)
Injured in Huntington, New York - Brooklyn uHaul driver hurt you locally or abroad? Call 631-450-2515 or E-Mail info@CoryHMorris.com to arrange for an evaluation of your traffic matter, accident, injury, or even an appellate matter.
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