Congratulations to Gerard Ferrara for securing an affirmance of summary judgment before the Appellate Division, First Department, in favor of our client, Maritza Deliz. The ruling, issued by a panel consisting of Hon. Peter H. Moulton, Hon. Ellen Gesmer, Hon. Andrea Masley, Hon. Bahaati Pitt-Burke Scarpulla, and Hon. Manuel J. Rosado, upheld the dismissal of all claims, cross-claims, and counterclaims asserted against Ms. Deliz.
This appeal stemmed from a fatal rear-end collision involving a garbage truck operated by defendant Stanley Davis and owned by Avid Waste Systems, Inc. The defense successfully demonstrated that Ms. Deliz, who was slowing to avoid exposed manhole covers, was struck from behind—a scenario that triggers a presumption of negligence on the part of the rear driver under Vehicle and Traffic Law § 1129(a). The Court held that the defendants failed to offer a nonnegligent explanation and that Davis’s testimony admitting he did not see Ms. Deliz’s vehicle until impact was insufficient to rebut the presumption.
The First Department also rejected arguments by co-defendant Carlo Lizza & Sons Paving, Inc., finding no evidence that Ms. Deliz’s operation of her vehicle proximately caused the crash. The Court emphasized that drivers are expected to anticipate foreseeable traffic conditions, including slowing for road hazards, and reaffirmed that claims of a “sudden stop” do not absolve a rear driver of liability absent a credible alternative explanation.
This decision reinforces critical legal standards governing rear-end collisions and safe following distances, and further highlights the importance of thorough briefing and precise witness testimony in defending against speculative liability arguments. Congratulations to Gerard Ferrara on this impactful appellate victory.
