Scahill Law Group P.C. | New York Trial Attorneys

Georgiadis v. Feder, 2022 N.Y. Slip Op. 6690 (2d Dept 2022)

Co-defendant was awarded summary judgment on the issue if liability in this motor vehicle accident.  The Appellate Division reversed. 

Plaintiff was a passenger in defendant’s vehicle.  Defendant testified that an unknown speeding vehicle cut him off, causing him to veer into the right lane, and then onto the shoulder to avoid a collision.  Defendant’s vehicle then struck the rear of co-defendant’s vehicle, which was stopped on the shoulder “so that he could "check" a navigation system and find an alternate route.”…

"The mere fact that other persons share some responsibility for plaintiff's harm does not absolve defendant from liability because there may be more than one proximate cause of an injury".  Co-defendant’s own submissions raised issues of fact as to whether “stopping on the shoulder for a non-emergency purpose imposed a duty of reasonable care to warn other drivers of the hazard posed by their stopped vehicle, and whether their failure to exercise reasonable care was a proximate cause of the accident”.

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