Congratulations to Gerard Ferrara for successfully modifying the Supreme Court's order, preserving the defendants’ affirmative defenses of comparative negligence. This decision highlights the nuanced application of comparative fault principles and the importance of maintaining viable defenses in personal injury cases. The case was heard in the Appellate Division, Second Department, before a panel including Hon. Colleen D. Duffy, Hon. Linda Christopher, Hon. William G. Ford, and Hon. Janice A. Taylor.
This case arose from an incident where the plaintiff, Ronen Frankel, was allegedly injured while walking along the shoulder of Branch Boulevard in Nassau County. He was struck by a vehicle owned by Achiezer Community Resource Center, Inc., and operated by Shalom Jaroslawicz. Frankel commenced this action to recover damages, asserting that the defendant driver’s negligent operation of the vehicle was the sole proximate cause of the accident.
The Supreme Court had granted summary judgment in favor of the plaintiff on the issue of liability and dismissed the defendants’ affirmative defenses of comparative negligence. On appeal, the Appellate Division affirmed the finding of liability against the defendants but reversed the dismissal of the affirmative defenses. The appellate court noted that the deposition testimony provided divergent accounts of whether the accident occurred on the shoulder or in the travel lane, presenting a triable issue regarding the plaintiff’s comparative fault.
This outcome underscores the importance of preserving defenses in negligence cases where questions of fact remain unresolved. The success in modifying the lower court’s ruling reflects Gerard’s skilled advocacy and the firm’s commitment to achieving favorable results for their clients.
