Congratulations to Gerard Ferrara for securing an affirmance of summary judgment before the Appellate Division, First Department, on behalf of Maritza Deliz. The panel—consisting of Justices Moulton, Gesmer, Scarpulla, Rosado, and Michael—unanimously upheld the dismissal of all claims and cross-claims against Ms. Deliz in a multi-party action arising from a fatal rear-end collision.
Maritza Deliz was operating her vehicle in the Bronx when it was struck from behind by a garbage truck owned by Avid Waste Systems and operated by Stanley Davis. The court found that Deliz met her prima facie burden by showing that she slowed down lawfully to avoid exposed manhole covers and that Davis failed to maintain a safe following distance as required under Vehicle and Traffic Law § 1129(a).
The defense argued that Deliz made a sudden stop which contributed to the accident, but the court rejected these claims as insufficient to overcome the presumption of negligence in rear-end cases. Notably, Davis admitted he only saw Deliz's vehicle at the moment of impact and could not confirm whether her brake lights were even visible.
The court also dismissed arguments raised by co-defendant Carlo Lizza & Sons Paving, Inc., finding no evidence that Deliz’s conduct was a proximate cause of the crash. Conflicting testimony about which lane Deliz was in prior to the collision was similarly deemed immaterial—Davis was negligent either way.
This decision reinforces key standards around rear-end liability and highlights the effectiveness of our defense team in shielding clients from unwarranted exposure. Congratulations to Gerard and the team on this well-earned appellate win.
