The underlying Supreme Court matter arises out of a three-vehicle accident in 2017 in Albany County. The plaintiff, FPK, allegedly sustained personal injuries while traveling as a passenger in an automobile driven by defendant, KOB. The plaintiff’s vehicle was allegedly struck in the rear by defendant, DMS, which had been rear-ended by a box truck owned by defendant, RI, and driven by SMK. Monaco Cooper Lamme & Carr, PLLC represent the box truck owner and driver.
Plaintiff sued this case in 2019 alleging negligence on the part of all defendants. In 2021, the defendant, DMS, made a Motion for Summary Judgment requesting that the plaintiff’s Complaint be dismissed as to her client, DMS, given she was the middle vehicle and beared no negligence. The plaintiff then filed a Cross-Motion seeking partial Summary Judgment on the issue of liability against our clients. The Hon. Richard M. Platkin granted both motions.
Michelle Storm appealed Judge Platkin’s decision to the Appellate Division, Third Department. She argued that the lower court erred in granting partial Summary Judgment on the issue of liability against her clients as discovery was incomplete, particularly the deposition of the driver of plaintiff’s vehicle was not yet taken and, therefore, summary judgment was premature. Additionally, Ms. Storm argued that material issues of fact existed as to whether her clients were negligent in causing the collision, specifically that there was a factual dispute as to whether there was any actual impact between the middle vehicle driven by co-defendant and the vehicle in which plaintiff was a passenger.
The Appellate Division agreed with Ms. Storm that an issue of fact as to liability exists, and unanimously reversed the lower Court’s decision.
A copy of the appellate Decision can be found HERE.
About Michelle Storm
Michelle A. Storm litigates matters for individuals, local businesses, and national corporations primarily in the professional services, hospitality, food, beverage and retail, and manufacturing industries. She has spent many years practicing both plaintiff and defense litigation and, having looked at the law from both sides of the table, she is able to offer her clients a unique perspective and powerful representation. Michelle’s clients find her prepared, committed, and driven to advancing their cases with the best strategy for a successful outcome. She can be reached at (518) 855-3535 and mstorm@mclclaw.com.
About Monaco Cooper Lamme & Carr, PLLC
MCLC is a law firm dedicated to providing exceptional legal services and unparalleled value while building rewarding and lasting relationships with our clients. Our team includes seasoned trial and transactional attorneys who are nationally recognized industry and legal authorities in a wide range of practices and are supported by a remarkable professional support staff. For more information on our firm, visit mclclaw.com or contact our Marketing Director, Stacy A. Smith at ssmith@mclclaw.com.