The Niagara County Supreme Court matter arises out of alleged negligence from a motor vehicle accident that occurred on July 9, 2018, on a two-lane city roadway known as 19th Street in the City of Niagara Falls. As a result of the accident, the plaintiff sued the driver of her vehicle (the girlfriend of her son) and our clients, the driver and owner of the vehicle which struck her.
After an altercation at the plaintiff’s home, the co-defendant attempted to drive away. As she did, the plaintiff ran from her house and threw herself through the open driver’s side window, landing halfway in the car from the waist up. The plaintiff was grabbing the steering wheel and the co-defendant lost control of the wheel as the car travelled out of the driveway and into 19th Street.
Our client was parked in his work vehicle at a curb down the road from the plaintiff’s house. He pulled away from the curb and drove southbound on 19th Street. As he approached the plaintiff’s property, he saw her near the driver’s side door of her vehicle, but his view was obstructed by five-foot tall hedges. As he was about even with her driveway, the plaintiff’s vehicle abruptly traveled into his path. He attempted to swerve to the left to avoid a collision, but he hit the driver’s side of the vehicle at approximately 25 mph, causing the plaintiff to be pinned between the two vehicles and suffer significant personal injuries.
The plaintiff received two tickets for her role in the subject accident, for clinging to a moving vehicle and for obstructing the driver’s view. Neither of the defendants were ticketed.
The plaintiff sued the driver of her vehicle as well as our client, represented by MCLC’s Brian Carr and Jonathan Hansen. In her Complaint, she claimed that both defendants were negligent in the operation of their vehicles, and that our client was speeding at the time of the accident.
Using the deposition testimony of the plaintiff and the defendants, the police accident report, and the affidavit of an accident reconstructionist, Mr. Hansen moved for summary judgment arguing that our client was not negligent, did not operate his vehicle in an unreasonable or unsafe manner, and was not speeding. The plaintiff made a cross-motion requesting summary judgment on liability against all defendants. The co-defendant opposed the plaintiff’s motion and took no position on our motion.
The motions were heard before Justice Frank A. Sedita, III on March 1, 2023. Judge Sedita granted Mr. Hansen’s motion for summary judgment, finding that there was no evidence of negligence on the part of our client and, therefore, dismissed the lawsuit against our client in its entirety. Plaintiff’s cross-motion against our client was denied.
About Jonathan E. Hansen
Jon Hansen litigates personal and premises liability, construction and labor law, hospitality and retail liability, insurance defense, professional liability, and trucking and transportation law for the Firm’s individual, business, and professional clients. Jon can be reached at (518) 675-7746 and jhansen@mclclaw.com
About Brian D. Carr
Brian Carr is an accomplished litigator and negotiator, with a focus representing clients in business and commercial matters, and in the transportation, construction, small business, and aviation industries. He regularly protects the interests of businesses, contractors, manufacturers, retailers, and transportation clients in State and Federal Courts throughout New York. In addition to his law degree, Brian holds a master’s degree in business administration. His knowledge and experience with business models, financial structures, and technical principles are advantageous to his clients and add value to every case he touches. Brian can be reached at (518) 675-7741 and bcarr@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.