Congratulations to Keri Wehrheim and Gerard Ferrara for successfully affirming the dismissal of all claims against our client, Robert and Ann Elsasser, Inc., in the Appellate Division, Second Department. This decision reinforces the principle that compliance with local rules governing commercial vehicle operations can serve as a strong defense against negligence claims. The case was heard before Hon. Mark C. Dillon, Hon. Robert J. Miller, Hon. Deborah A. Dowling, and Hon. Helen Voutsinas.
This case arose from an accident in which the plaintiff, Mark Alan Gibbs, was struck by a vehicle operated by defendant Lance Harry Van Arsdale while attempting to cross the street. Van Arsdale filed a third-party complaint against Robert and Ann Elsasser, Inc., alleging that its delivery truck, parked near the accident site, was negligently positioned in violation of New York City traffic rules. Elsasser moved for summary judgment, arguing that its truck was lawfully double-parked under 34 RCNY 4-08(f)(1), which allows temporary double parking for commercial deliveries under specific conditions. The Supreme Court granted Elsasser’s motion, dismissing the third-party claims, and the appellate court upheld this decision.
Keri and Gerard successfully demonstrated that Elsasser’s delivery truck complied with all applicable regulations and was not negligently parked. The appellate court affirmed that Elsasser’s actions were consistent with permissible commercial delivery practices and that Van Arsdale failed to raise any triable issues of fact in opposition.
This ruling underscores the importance of understanding and adhering to local regulations as a defense against negligence claims, particularly in urban environments where commercial vehicle operations are heavily regulated. Keri and Gerard’s precise and effective advocacy was instrumental in securing this outcome.
