Congratulations to Gerard Ferrara for securing a favorable outcome on behalf of the respondents, Carolyn and Andrew Meccia, in this case. This decision highlights the importance of demonstrating proximate cause and the absence of fault in negligence cases. The matter was heard before Hon. Valerie Brathwaite Nelson, Hon. Robert J. Miller, Hon. William G. Ford, and Hon. Helen Voutsinas of the Appellate Division, Second Department.
This case arose from a motor vehicle accident at the intersection of Beverly Avenue and Cartwright Boulevard in Nassau County. The plaintiff, Victoria Shestokovich, was a passenger in a vehicle operated by defendant Hailey R. Goodall, which collided with a vehicle operated by Carolyn Meccia. Goodall’s vehicle was governed by a stop sign, while Meccia’s vehicle had the right of way. The plaintiff alleged negligence against all parties involved, including Carolyn and Andrew Meccia.
The Meccias moved for summary judgment dismissing the claims against them, arguing that Goodall’s failure to stop at the intersection was the sole proximate cause of the accident. Gerard successfully demonstrated that Goodall admitted in her deposition that she failed to stop, slow down, or look before entering the intersection. Additionally, Carolyn Meccia testified that she only saw Goodall’s vehicle one second before impact, leaving no opportunity to avoid the collision. Despite the plaintiff’s objections to the admissibility of an uncertified police report, Gerard relied on deposition testimony to establish the Meccias’ lack of fault.
The Appellate Division affirmed the Supreme Court’s decision, holding that the Meccias demonstrated, prima facie, that they were not at fault and that the plaintiff failed to raise a triable issue of fact regarding Carolyn Meccia’s actions. This ruling underscores the importance of deposition testimony in defending against claims and highlights Gerard’s effective advocacy in achieving this favorable outcome for our clients.
